Query - dicharge

Dheeraj Kaushik (Querist) 22 August 2014 This query is : Resolved
Security service company (pvt. ltd. status) engaged in security service buisness, one of its client terminate contract. hence the workman deployed there become idle. the company discharge these employees because not having any post vacant where these employees may be posted, and paid there full and final settlement by deposit amount in their bank account.
Now my query is above said procedure adopted by co. is correct as per industrial dispute act and if not correct that what is the right procedure.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 23 August 2014
If certain post becomes redundant and no kore person in tat post is required in future then the employee can be retrenched on that ground.

Rajendra K Goyal (Expert) 23 August 2014
In absence of no requirement of post the company has retrenched the employees.

Hemant Agarwal (Expert) 26 August 2014
for "Dheeraj Kaushik" :

1. You have employed staff (guards ....) as Employees of a Security Agency. Hence they are NOT employees of your client company. AND NEITHER you can employ any staff, for any specific client company, since the employed staff (guards ....) are transferrable to other client premises.

2. Further you have employed the staff on full time basis, and not on contract basis. Hence they cannot be dismissed, without appropriate reasoning's, payment of related & statutory dues.

3. The dismissed employees shall have a perfect ground to legally adjudicate, whenever you employee new employees for any of your clients projects.

4. Policy of "Last come - First Go", "VRS", has to be enforced, for dismissing employees, among various other parameters.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar