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Notice period in private limited company

(Querist) 06 July 2017 This query is : Resolved 
Good Afternoon!

Before a month our company has shutdown our process and out sourced it due to the cost efficiency reasons and we were forced to relive from the organisation immediately but they haven't provide us with the Two month salary as a compensation.

When I enquired regarding this to our organisation, I didn't get any proper response from them and later they have provided me only 15 days salary.

In this case, I would like to know whether the policy of providing the employee with 2 months salary is in the employee act or not! and If it is in the act how should I proceed further?
Kumar Doab (Expert) 06 July 2017
Shutdown may provide recourse of lay off, retrenchment compensation to covered employees.

Do you have any evidence of shut down,lay off, immediate relieving?

Did you resign?
Kumar Doab (Expert) 07 July 2017
While you reply you may also include if you have evidence of shut down and forced resignation if resignation was demanded/extracted.
Raj Kumar Makkad (Expert) 07 July 2017
Have you been provided with any appointment letter or Offer of Possession? What are the terms of your appointment/retirement/retrenchment and which one Service Rules are applicable on you. Without having any relevant information from your side, no definitely and fruitful reply can be given.
Kumar Doab (Expert) 07 July 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by
you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all
years, ESIC card,?
Rajendra K Goyal (Expert) 07 July 2017
Author should provide the information sought by the experts to guide further in the matter.
Afzal (Querist) 08 July 2017
The place I worked was an callcenter (BPO) and my designation over there is Senior consultant , actually they have provided me the reliving letter clearly mentioning that they have outsourced the process and that being the reason they are reliving me but once after rising the questing regarding the two months salary they requested me to submit the resignation letter back which they have provided me also they want me to send an email stating that I want myself to be relived from the company due to personal reason but I didn't do that!

Also the Actual name of the company is GFM private limited and the process for which i worked was Tendercuts.

Answering to your requirement @ Mr.Rajendra k Goyal, Mr.Kumar Doad, Mr.Raj kumar makkad and Perfect solution.

1.Estabilishment : Commercial
2.Nature of Business: Bpo (Callcenter executive)
3.Number of persons employed : 13 (only at callcenter who were terminated) and total strength would be around 200 employees.
4.Designation: Senior consultant and my responsibility is to deal with order calls and complain calls.
5.I was working like a front line agent and i doesn't have any power neither i does have any subordinates.
6.I am Tamilnadu (Chennai) and it been exactly 6 months since i have joined this company.
7. And the notice period mentioned in my appointment letter was 2 months and it was also mentioned that even though if they want to terminate me atleast they should give me 1 Month paper time.
8.No stinker, memo, show cause notice has not been issued to me.
9.I am not a member of Employee's unions.
10.They Have provided me with the Pf number and I do have a payslip for three months

Also, I would like to thankyou for taking your time to resolve my concern!

Really awesome.
Dr J C Vashista (Expert) 10 July 2017
Issue a legal notice for payment in lieu of notice period, if it has been provided in your appointment and you have not submitted proper resignation.
Kumar Doab (Expert) 10 July 2017
Don;t give the original relieving letter back.
Don't resign.


Claim correct FnF statement (showing computation of earned wages/leave encashment/bonus/OT/ notice pay payable to you, etc etc ),lay off/retrenchment compensation, Form16 as per correct FnF statement, payment of FnF dues as per correct FnF statement, service certificate, NOC/NDC, acknowledgment of assets/handover if applicable,.........etc etc

Don't remain entangled with HR and if required write under proper acknowledgment to good offices of appointing authority,MD etc etc


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