The company is entering into the exercise of Lay off/Retrenchment without following the labor laws on it and thus implications. Lay off/retrenchment is stated in standing orders of the company, appointment letter, statue.
The safest way as seen by HR is extract resignation from employee by flaunting Termination and stigma attached to it.
If employee is inclined employee may submit Notice of resignation with full notice period (as written in appointment letter) and effective date of resignation/last day in office written in notice, and demand acknowledgment on the spot, and acceptance of resignation, work experience/service certificate, Relieving letter ( with good comments and avoid without comments/adverse comments), correct FNF statement with bonus/leave encashment/Gratuity/reimbursements/incentives/performance pay/variable pay etc computed in it, Form 16 as per correct FNF statement, payment of FNF dues by bank DD, salary slip of all months of service, PF number, PF a/c slips for full tenure of service, attested copies of PF withdrawal/transfer forms to be submitted by employee himself, ESIC card, Group Insurance/Mediclaim policy details, acknowledgment of company property/handover of charge, committement for good reference check, NOC/NDC etc, certificate for having completed all tasks on hand and no pendency of any kind, …..to be supplied within and up to last day in office.
It shall be appropriate to submit notice addressed to appointing authority by redg. post (avoid speed post/courier).
In case resignation without notice period stated in it/with immediate effect is submitted company can/may adjust notice pay.
All affected employees may record audio/visual the meetings during which resignations are extracted, and stand witness to each other.
If deemed fit/possible/workable employee may submit that he/she has been asked to resign in office citing reason………..reduction in head count/lay off/retrenchment etc…….as suitable and as per facts.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act………….thus the employee covered under these enactments would be protected up to that extent……..
Designation alone does not decide employee is a workman or not.
State of Karnataka has ended blanket exemption granted to IT/ITeS companies from provisions of standing orders. BPO companies must have registered under Shops and Commercial Establishments Act of Karnataka and must displayed registration certificate near entrance/on notice board.
You may go thru Section:
2. Definitions: e,g,h
6,6A,,15,18,21,22,27,29,34,39,Etc……….
All affected employees may get in touch with employee’s union/Trade union, lawyer/law firm, Labor Officials in case of issues.
Union for IT employees;
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
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