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Atsushi (VP)     13 March 2014

Termination period for vp level (company shutdown case)

Hi, I am VP and head of operations on the India office of a big MNC (but not director, both the directors live out of India). In my case, there was no detailed appointment letter from the company. There was only one page appointment letter mentioning salary etc. So NO rules or terms & conditions have been signed mutually.

1) In such a case, what should be the notice period by the company?

2) For VP level, what sort of notice period is common in India?

3) What sort of severance pay can be expected?

3) Is there is provision in law to defend against low notice period or for severance pay for the given position of the employee?

*Company is shutting down the operations in India. Total duration of employment with this company is little more than 1.5yrs.


Thanks & Regards



Learning

 5 Replies

Kumar Doab (FIN)     13 March 2014

Service conditions are stated in standing orders (certified/model) applicable to the establishment and extended   to the designation of employee, appointment letter, HR policy/service rules and regulations mention of which is made in appointment letter.

Standing orders (certified/model) being instrument of law/statue shall prevail upon any private agreement that employer might have signed with employee e.g; appointment letter, contract of employment…………………………etc

Being Director Model Standing orders should not apply to you. Company might have not framed its standing orders and might not have included your designation in it.

 

You may download and go thru service rules and regulations mention of which is made in appointment letter.

 

The notice period for senior management can be from 3-6months depending upon the service rules and regulations/HR policy of the establishment. If it is stated then it should be the min. compensation.

The severance package may be negotiable. You may apply the negotiation skills.

 

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation letter/termination notice, etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

 

 

Atsushi (VP)     14 March 2014

@ Kumar Doab, thank you very much for writing in details. But honestly, I didn't understand what

"STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION" mean? Is it something formed within a company or is it something set in Indian Laws? Further guidance would really help.

 

@Seekadvice: might want to call today. Thanks.

Atsushi (VP)     14 March 2014

@ Kumar Doab, thank you very much for writing in details. But honestly, I didn't understand what

"STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION" mean? Is it something formed within a company or is it something set in Indian Laws? Further guidance would really help.

 

@Seekadvice: might want to call today. Thanks.

Kumar Doab (FIN)     16 March 2014

Industrial Employment Standing Orders Act.

Check if the company drafted its standing orders and applied for and obtained certification.

The standing orders should be displayed at a  conspicuous place in establishment and a certified copy should be supplied to employee on demand.

Atsushi (VP)     17 March 2014

Thanks Kumar. But the India office had less than 10 employees. So I believe the Standing Orders Act didn't apply. Any other legal provisions?

Thanks & regards


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