Bench period (unpaid) would be for a period of 30 days


Hi,
My wife is working on contract basis with one
company. She is been released from project without
giving any reason. There was a clause in
appointment letter saying : Bench Period (unpaid)
would be for a period of 30 days in case of a
release from client project.
Is it legal to release employee without any prior
notice and paying compensation for notice period?
Can I take legal action against the company even if
my wife have signed the appointment letter?
Thanks.

 
Reply   
 
FIN

The limited understanding from your post is that:

 

The employee even if on say FTC, is on rolls and is on disposal of employer during work/office hours.

During these hours even if employer has no work, has to pay the employee.The employer might have asked to do some other work.

If the employer wishes to lay off, the lay off compensation is to be paid.

The due notice should have been given.

You may show the contract, all other docs on record, give inputs to an able counsel and let your counsel ascertain the appropriate forum if the matter is not resolved by employer, as per coverage of designation/nature of duties of employee.

 

 

 

 
Reply   
 



My wife joined Alchemy solutions 2 months back. They recruited her on contract basis for position in cognizant.
Now she is pregnant and when she told them same she is asked to be on bench for a month without pay. After one month they will release her from job.
When offer was given policies were not mention in there. In appointment letter it has two clauses related to releaving from company.
1) Alchemy may terminate this agreement for cause, by providing 1 month notice in writing to the Employee. The
Employer may, at its discretion, pay remuneration of in lieu of some or all of this notice period.
2) Alchemy Software Solutions’ Bench Period (unpaid) would be for a period of 30 days in case of a release from
the client project.

My wife signed appointment letter after joining.

Now she asked to be on bench for one month. It look like proper planning to ask her to leave without paying.

 
Reply   
 
FIN

You may show the employment related documents to an able counsel specializing in labor-service matters and give inputs on nature of duties.

 

Thereafter you can be advised on forums that you can approach.

 

Has she told about the pregnancy in writing under proper acknowledgment by attaching the Rx of Dr.showing tentative date of delivery?

 

 

 

 


Total likes : 1 times

 
Reply   
 

She was asked to send email to inform. But not any document they asked for.

 
Reply   
 
FIN

She may attach scanned copies with same email trail.

Rest :You may show the employment related documents to an able counsel specializing in labor-service matters and give inputs on nature of duties.

The condition of bench without any pay may be illegal.


Total likes : 1 times

 
Reply   
 

I can see able counseling is not available in India. Can you please provide me the link where I can get complete details?

 
Reply   
 
FIN

You have posted in your last post that:

 

"I can see able counseling is not available in India. Can you please provide me the link where I can get complete details?"

 

The underlined part is a taunt.

But why?

On one hand you are posting your thanks in response to my posts.

 

Can you revert and clarify?

I have pointed out that you need to get employment docs and nature of duties examined by an able counsel specializing in labor-service matters.

And indeed you need to get it done.

 

 

 

 

 

 
Reply   
 

My apologies. I thought 'Able counseling' is some orgnizatio where I can get more help.

When I searched online I found http://www.able-counseling.com/

this link which is for US people.

So its complete mis understanding.

Thanks for your help.

 
Reply   
 
FIN

Labor-service matters is altogether different field of law and in each city there are few counsels that specialize in it. You may inquire from civil courts,HC,CGIT,Labor Court, employee's/trade union leaders, officials of DBA etc in your city.
 
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