Termination from service

This query is : Resolved 
 

(Querist)
07 November 2018

Hi sir I'm working in private college from 2012 to till date before 2012 I worked other institution with same designation from July 2008 to Dec 2011. I got a offer from present college while I went as examiner from previous institution. According to there offer I joined in Jan 2012. Now present institution is ready to terminate from the service other than punishment termination. The reason behind the termination is Less admission in academic year and not bearing salary for the employees. So Management decide to cut 20% of employee salary every month. I'm not agree with this because every month bearing 20% salary is not easy and also i apply Home loan recently and still it's in process because of this I made personal request also not cut my salary every month instead of this I agree cut my contribution in vacation months. But they don't agree with my request and they orally inform abt termination if I'm not agree to cut 20% salary for next 10 months. So here by requesting that how can I solve this problem because my total service more than 10years right now my age is 33years easily I didn't get good job in other sector is there any provision to get compensation for this termination.


Isaac Gabriel (Expert)
07 November 2018

The situation is clear.You need to wiegh the pros and cons and take wise decisions.

Dr J C Vashista (Expert)
08 November 2018

Presently the management has decided to deduct 20% salary of employees, where you are also affected with other employees, isn't it ? The management has also offered to resign in case employee do not agree and the management is downsizing its strength, isn't it? In such a situation it would be better to resign respectfully instead of rubbing your shoulders with policy decision of the management.
Consult a local prudent lawyer practicing service matters for proper analyses, proper guidance and proceeding.

M V Gupta (Expert)
08 November 2018

The issue is whether it is advisable to resign from the service or to continue with 20% reduction in the salary. You have sated that you have applied for home loan which is under process. You have also stated that it is not easy to get another job as you are 33 years old. If you resign how will you meet your day to day expenses of your family? Hence will it not be wise to agree to continue in the present job with 20% reduced salary and search for another job with salary and other conditions satisfactory to you and then resign the present job? Assess carefully the situation and take decision in the matter. Do not venture on any litigation in the matter. It will not solve your predicament ; on the other hand you will be landing in un ending litigation.

P. Venu (Expert)
08 November 2018

Yes, there are no easy solutions. No law can compel the Management to provide you salary or employment beyond their resources. All they could be prevailed upon is to follow the due process.

SHASHIKANTH KS (Querist)
13 November 2018

Is it possible to get my gratuity or kind of compensation for the above case.

SHASHIKANTH KS (Querist)
13 November 2018

Is it possible to get my gratuity or kind of compensation for the above case.

SHASHIKANTH KS (Querist)
13 November 2018

Is it possible to get my gratuity or kind of compensation for the above case.

SHIRISH PAWAR, 7738990900 (Expert)
13 November 2018

Yes in case of resignation you will be entitled for gratuity and other compensations if any.

SHASHIKANTH KS (Querist)
13 November 2018

If our management is refuse to give Gratuity and other compensations how could I go through it.

Kumar Doab (Expert)
13 November 2018

Apparently the reason for termination and threat of termination are all verbal and NO communication on cut of 20% is issued.

Isn't IT!

IT is entirely your decision to accept the offer.

Kumar Doab (Expert)
13 November 2018

IT is guessed from query that you are in teaching faculty of private college.
Hope you have the Gratuity rules of establishment.


GO thru Payment of Gratuity Act;1972

Gratuity is payable after separation from employer-employee relationship.

Have you decided to separate by resignation, termination?

In the meantime you may go thru thread at;

http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp



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