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

SHASHIKANTH KS (Querist)
16 November 2018

Today I had meeting with management they give 2 option
1 To sign the undertaking latter to cut 20% of salary for next 10months.
2 taking full salary of current month with termination latter

Before that I made request that my housing loan is in process so please cut my salary for last 2 months that's total contribution of 10 months of 20% salary is equated.

But management disagree with my request and give the above 2 option.

Please give the valuable suggestions how can I solve this problem
If I sign the undertaking to cut 10months 20% salary I'll lose my home loan literally
If I'm not they terminate on spot

Please help me out how could save both

Kumar Doab (Expert)
16 November 2018

Gratuity can not be declined although IT can be forfeited, in specific cases.
You may go thru;

http://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp


Kumar Doab (Expert)
16 November 2018

Your idea conceived to protect your interest is brilliant.
The management has declined to accept.
Indirectly :Your borrowings/loan are your personal matter.
Apparently there is no written communication to accept 20% reduction.
rather you are sign self undertaking.

So IT is your call.

SHASHIKANTH KS (Querist)
16 November 2018

Sir my final question
If management terminate me giving the reason as violation of policy of cutting 20% salary without any prior notice like if they did on spot termination. Due to this kind termination. Is there any kind of compensation is will get by pledge complaint under any labour policy.

SHASHIKANTH KS (Querist)
17 November 2018

Sir my final question If management terminate me giving the reason as violation of policy of cutting 20% salary without any prior notice like if they did on spot termination. Due to this kind termination. Is there any kind of compensation is will get by pledge complaint under any labour policy.

Kumar Doab (Expert)
18 November 2018

W.r.f. Your 1st Post;
Your total tenure in current establishment is not 10Y so you can’t get Gratuity for 10Y until or unless there is a (valid) private agreement offering you such benefit.
You can calculate Gratuity and take help of links provided to you for calculation and to know in what conditions Gratuity payment can be forfeited and how!
Hope there is NO instance/evidence of misconduct by you leading to loss to establishment.
You shall get Gratuity payment upon severance of employuer-employee relationship by resignation or termination.

If you are 33Y of agre then you started job at the age of 23Y (probably as teacher as per query in private engineering college) and you do not seem tobe overage.
You have not posted so far that there exists any published (private) old policy/rule that is circulated upon joining or later or a recent decision by board/committee of establishment/ by employer, that 20% cut in salary can be levied in circumstaces as in query.
As per query you are being asked to sign a self declared acceptance/undertaking.
Your decision is your call.


“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.”


Kumar Doab (Expert)
18 November 2018

W.r.f. Your other posts;
You need to look into the published policy/rule/decision on 20% cut and relate with your terms of appointment/service rules etc .
You are in teaching faculty as guessed from query.
Teachers are not covered by the def. of ‘Workman’ as in ID Act.You may not be covered by provisons of ID Act or Labor policy as posted by you.
If the establishment/employer has cuased breach of contract relief from courts might be possible.
You may go thru; Article under my profile and pick up relevant points;
“Teachers can approach educational tribunals to avail cost effective, speedy redressal of grievances and complaints”
http://www.lawyersclubindia.com/articles/Teachers-can-approach-educational-tribunals-to-avail-cost-effective-speedy-redressal-of-grievances-and-complaints-7834.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup
You can also find out from references provided to you, which are the authorities that circulate on service conditions and you can approach.
Termiantion on spot; You alone would know on what grounds/by which clause employment is terminated. The reference of said policy on 20% cut and declinature to accept by signing said undertaking, as posted by you may not be necessarily quoted in writing by authority in termination order. You nalone would know if the same are quoted in any termination order passed so far in case of other Teachers/employees. In case of termination on spot the establishment should pay atleast; the notice pay as terms of your appointment. Look into appointment letter and service conditions communicated to you in writing later in the said period of Jan2012 to date. You have not made clear why the establishment want to pay only current month salary if IT effects Termination of your employment.


“Today I had meeting with management they give 2 option 1 To sign the undertaking latter to cut 20% of salary for next 10months. 2 taking full salary of current month with termination latter Before that I made request that my housing loan is in process so please cut my salary for last 2 months that's total contribution of 10 months of 20% salary is equated. But management disagree with my request and give the above 2 option. Please give the valuable suggestions how can I solve this problem If I sign the undertaking to cut 10months 20% salary I'll lose my home loan literally If I'm not they terminate on spot Please help me out how could save both”
And
“Sir my final question If management terminate me giving the reason as violation of policy of cutting 20% salary without any prior notice like if they did on spot termination. Due to this kind termination. Is there any kind of compensation is will get by pledge complaint under any labour policy”


Kumar Doab (Expert)
18 November 2018

Home Loan; The lender shall pass the said loan as in query after assessing your current income and repayment capacity. If there is say; 20% cut you may still be able to pay or if approach lender the lender may agree to reschedule/restructure the loan say; by increasing tenure and resultant EMI’s.
Or you may still be able to pay from your estate/assets.
Lender is concerned with repayment of debt.
If you get employed elsewhere you may still be able to pay.
Or you may find buyer and get in touch with lender and with consent dispose the said property, pay the debt and keep the balance if any.

Kumar Doab (Expert)
18 November 2018

Is Same Query posted by you at;

http://www.lawyersclubindia.com/experts/Termination-form-service-696766.asp


You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influnecial persons, Teacher’s Forums, etc and/or find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Labor Court/CGIT, CAT, School-Educational Tribunal, Civil courts, HC, SC …
Show all docs and obtain proper written legal opinion.
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Service matters.
You shall be properly informed after discussion in person with LOCAL counsels.
Your decision is your call.


Kumar Doab (Expert)
18 November 2018

In case of misconduct (proven) the establishment/employer may decline to tender notice pay.

Kumar Doab (Expert)
18 November 2018

In this thread an illustrated response is posted for the querist.

If other thread was initiated by you then why to repeat and post as AQ!



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