Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Labour & Service Law > Employment > Termination of employment in a private Ltd company   Unanswered Threads Post New Topic

Pages : 1 2


There are 13 Replies to this message


Ravindra Bharathi


Consultant
[ Scorecard : 63]
Posted On 19 February 2010 at 16:46 Report Abuse

One of my friend has been appointed by a Private Limited company of a big group in India and his appointment letter sates that he will work  till retirement at the age of 58, with an option of 3 months notice for termination from either side. Now the company is in the process of terminating employees  saying that they made a mistake of large scale hiring but now wants to correct it through retrenchment. I request you to please clarify  the following :

1. Can he insist that he  should be allowed to complete 3 months notice period or the employer can terminate by giving 90 days notice pay (Basic pay only) as it is not his fault.

2. Is the Employer  required to give the reason for termination/retrenchmnet.

3.The company wants him to resign voluntarily but he does not want to resign as there is no immediate job/offer in hand, in case  he gets 3 month's full pay by giving only the notice/intention to resign, he can finacially survivie till he gets a job. Is there any provision to buy time or be reasonale.

4.Alternatively can he ask the employer to terminate him instead of his resigning voluntarily as he will get the reason in writing, in such a case is he entitled for full pay or notice pay

5.Kindly advise how to handle this situation as the company in earlier occasions ( last year) permitted few employees to continue for 3-4 months in job with full pay / paid 3 months full pay without attending the office.

Thanks & Regards



Online certification courses IP, IT and Investment Law


Sarjooram Sharma


Assistant Labour commissioner
[ Scorecard : 431]
Posted On 22 February 2010 at 22:34 Report Abuse

If the employer wants to terminate you, the dispute is apprehended, and at this stage also you can file an industrial dispute before the conciliation officer of the area concerned.



ranjan


software engineer
[ Scorecard : 79]
Posted On 25 February 2010 at 00:18 Report Abuse

Company can not terminate service of a workman by giving foolish reasons like the one given by ur company. if company wants to retrench because of poor financial condition then they have to disclose their financial status to the court and convince with proper evidence that they are really in poor financial condition to get approval from the court.

 In ur case u have to findout whether ur nature of work come under definition of workman under i.d act by refering i.d act.  salary or the designation is not the criteria for deciding whether person is workman or not?



Abhinav narang


none
[ Scorecard : 26]
Posted On 25 March 2010 at 02:18 Report Abuse

There is the big problem with me i joined a pvt ltd company in noida and its a bpo and when i reached my  work place thye told me that if i will not going to do the sale they will going tob terminate me without salary

what should i do



discography


none
[ Scorecard : 73]
Posted On 03 April 2010 at 10:56 Report Abuse

Dear Sir,
I was an employee of UBS as associate director. Some one in the company circulated (email) salary details of all.  The excel file which contained salary details had my name as author, which can be changed by anybody.  I was forced to go on leave and after 4 days my manager visited my house and took away my hard drive, after a week he took another hard drive. I sensed danger and filed FIR against them (the FIR was quashed since the police said the facts are not right).  In a retaliatory measure my company terminated me under software policy clause, saying I had installed password breaking software on companies computer.  I am jobless for a year now and will not get any job in future due to the nature of termination letter.  I dont have any money even to appoint a lawyer, I have sold all my gold to survive this one year,  I am now planning to sell the only property I have, my house.

Please could you suggest some ways through which I can fight back, probably somebody who can fight for me and share the compensation recieved.  I have the evidence where the company has agreed in black and white that they visited my house and took the hard drives.



Sarjooram Sharma


Assistant Labour commissioner
[ Scorecard : 431]
Posted On 05 April 2010 at 22:51 Report Abuse

I think nomenclature and nature of job as you hold as associate director does not come under the term workman.



Ravindra Bharathi


Consultant
[ Scorecard : 63]
Posted On 06 April 2010 at 13:41 Report Abuse

Dear Mr.Sharma,

Thanks for your reply, yes I agree that my friend is not falling under workmen category. as he is in the management cadre.

Regards,

Ravindra Bharathi



discography


none
[ Scorecard : 73]
Posted On 07 April 2010 at 09:26 Report Abuse


Dear Sir,

Though the title they gave is of asst. director, the rank is manager.  However,

1. I have been terminated on false grounds.

2. They trespassed my house and took my hard drives.


Please could you help me understand if I can file cases in civil court for the above.


Regards,

Abraham Simons.

09494260055



Sarjooram Sharma


Assistant Labour commissioner
[ Scorecard : 431]
Posted On 07 April 2010 at 23:11 Report Abuse

I think you should go for civil suit. I labour laws, I think there are least chances about your success.



rajiv verma


Dupt Manager
[ Scorecard : 22]
Posted On 01 May 2012 at 10:57 Report Abuse

Dear Sir,

I am working with Limited company, last month company head office post latter to my home add , subject My services are no longer requried we are discontinue your services from 16 Apl, and latter post on 18 Apl, i have recieved this latter on 27 Apl when i ask to my circle HR to about this latter he have no information about this, he have already send the Monthaly attendance to Head office for salary process..i am working with this company from 2008.

Dear Sir i want to know can i send the legal notice to head office.

BR//

Rajiv Verma




Related Files



Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for Termination of employment in a private Ltd company



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics