Illegal termination from employment
L N Das
(Querist) 21 April 2012
This query is : Resolved
An employee was working with an MNC automotive manufacturing company for the last 16 years in the capacity of Manager in IT Deptt. He has been asked d by HR Deptt of Corporate Office to submit his resignation and search for a new job for which company will pay a month salary as you are not giving any value add to the company. But the employee has not submitted any resignation. But he has been asking by pressure to resign or face the consequences. According to HR Policy of the company, notice to be given by either side for two month periods (Basic Salary to be paid against notice period) although in the original appointment, it has been mentioned that one month salary to be paid by either side on resignation / termination. Further as per HR policy, the employee is required to retire automatically at the age of 60 years. Presently, the employee has attained the age of 57 years. The company is not paying any dues to him. The Senior Vice President of HR of Corporate Office has informed the employee that if he resigns then he will get the full and final settlement from the company otherwise the company will hold his all dues. The employee is having dues of Salary of March, 2012, LTA for the year 2011-12, Medical Reimbursement, 90 EL, Gratuity etc. Could please guide us on the following :
Whether employee will get his dues from the company and how? Whether the employee can claim compensation of the following:
1. Basic Salary of 2 months as per HR Policy changed from time to time or one month full salary as per appointment letter.
2. One month full salary for completion of each year, i.e. 8 months salary on completion of 16 years service
3. Voluntary Retirement for remaining period of 3 years of service
Whether the employee can send notice to the employer under Industrial Dispute Act or Civil Court.
Shonee Kapoor
(Expert) 21 April 2012
Hmmm,
This is a way adopted by companies. If they issue notice (which they can issue) based on performance, they would stop the dues and clearances, subject to legal battles.
But in such cases, the employee in most cases would have difficulty in getting re-employment.
Hence, the better approach is of mutual settlement. The employee should look for suitable jobs elsewhere.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
L N Das
(Querist) 22 April 2012
At the age of 57 years, the employee is unable to get a suitable job elsewhere due to age factor. This the big problem for the employee. The company has not issued any notice to the employee but the employee has sent a legal notice to the company through a lawyer. The company has not yet replied to the notice. Since the company has violated its own rules, why the employee should suffer for no fault of the employee. Could you please let us know if legal battle continues, how much time it will take to resolve the same as it is an MNC company. The owner is living in U.K. Please
let us know as to whether the employee will get his dues within shortest period of time or longest period.
Thanks
L N Das
(Querist) 15 June 2012
I have not received any reply to my above question.
Thanks
L N Das
