Employee Termination - Rights of an Employee towards information


Can you help me dig out labor laws applicable for IT/MNC Offshore Development Centres.
Need an employee to know his/her rights against Termination of service/ being asked to go. And the compensation that he/she can seek incase of grounds provided are insufficient or a fake case can be made to ensure departure (arm wrestle).

On what grounds can he/she approach labor court incase the termination is unjust and forced.

Can someone attach the laws specific to IT industry towards which the employee can seek help from a court of law, and serve notice to the Organization for forced termination.

Thanks
Rita
 
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k
 
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what is - k ?
 
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Lawyer

Forum Moderator

There are no separate laws for IT/MNC companies. All the labour enactments that are applicable for Indian companies are applicable to IT/MNC Companies.

Regarding your query on termination, the same cannot be on inequitable grounds. A proper and independent enquiry should be conducted against the deliquent by giving sufficient opportunity to him to putforth his case. In case the termination is on wrongful grounds the deliquent can always challenge before the court of law.If termination is held to be invalid then the person is entitled to back wages from the date of his termination till the date of re-instatement.

In case the employee falls within the meaning of 'workman' as defined in the ID Act, one can raise an industrial dispute. Otherwise, a civi suit has to be instituted challenging the termination.

Regards,

Prakash

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PRAKASH,

Are these laws applicable to Govt owned/Public limited companies, or even private limited companies, who HQ are in US also do fall in this act? I mean, the company i mentioned is a Pvt Ltd Company (so definately registered in India) but it's whole line of business and management are offshore (outside India).

Will these companies too have to abide to Labor laws in India.
Yes, the person is an employee of this Pvt Ltd Company, and his/her direct reporting line is still in India Operations

Thanks
rita
 
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Lawyer

Forum Moderator

Indian labour laws are applicable to such companies though the HQ are situated abroad.

Total likes : 1 times

 
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Manager Operations

Hi Sir,

I have been working with pvt company for the last 1 1/2 hrs and suddenly one day I was asked to leave without any prior notice however I was about to leave my self but all of a sudden I was asked to resign and I have been told that my dues will be cleared only after 90 days.

My Question is that, can any company ask it's employees to resign without any prior notice and if they do then is it fair ????..........I have been informed that my dues will be cleared after 90 days......Is there any way that I can get my dues paid off earlier than that ????

I think we are being exploited by this company and somebody needs to set an example.

Please Help !!!!!!!!!

Regards,

James

 
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Dear Sir,

Need your help on one my query request you to please help me I will be very thankful.

Sir I am a employee in a Pvt sector Bank last month one our lady staff make false allegation with me that we have s*xual relation from last few year and now I am denying for marriage with her she is already married and mother of two children and also claim herself to be divorcee so in that case police had charged me IPC 376 and some other IPC and I was one month in judicial custody due to false allegation.

Now respective Session judge issued me a bail order because that lady not able to provide any avoidance for all allegation. And now she complaint the same things to our HR team and now HR is not allowing to continue my job and by force pressurizing me for resignation without issue any notice and office memo. and also saying if I did not do the same, they would forcefully terminate me.

finaly HR has terminated me on 03/06/2013 without taking my view so request yoi to please help in this regards.

can I loged a ligle complaint againt my company and where I have to loge the same.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

regards

BSNNSNSNS

9899991245

 

 

 
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Php Developer

Sir Work in a pvt ltd compnay in Jaipur and I had not paid for 2 months and is there any way to take my sallary Sir please Help me Sir 

 
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