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rakesh (NA)     18 May 2016

Employee termination

Dear All,

If an employee has 3 months notice period in appointment letter and if employer removes employees on spot due to company is shuting down . Can the employee have right to demand notice period salary in settlement.



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 11 Replies

Ritesh Maity (Labour Law Advocate)     18 May 2016

First, the company cannot terminate him irrespective of the notice period even if the company is shutting down. In such scenerio, the company needs to pay retrenchment compensation which is different from notice period). 

Secondly, the company has to give a notice period of three months before terminating the service of an employee or equivalent payment for three months in lieu thereof. 

Thirdly, apart from the notice pay aspect, a company cannot terminate a service of a person as per its whims. There is a procedure of termination and company has to follow it, otherwise, the entire termination becomes bad in law.

1 Like

Kumar Doab (FIN)     18 May 2016

While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination.
 

Since how long you are working with this company?

What is your designation and nature of duties in appointment letter and on record?


You are in which state?


Whats is this establishment; Commercial/Industrial ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary?

 

You were under probation/confirmed?

 

Has the employer issued circular/letter on closure?

Has the employer mentioned a reason in order of termination?

 

1 Like

Ankita   19 May 2016

Dear sir, I have resigned in my company on 11th may 2016.There is a notice period of 30 days. I have choosen the relieving day on 14th may 2016.They have not relieved me.They have tried to retain me. As per my boss, he is saying that there is some internal investigation is running for you.we can't releive as i have put up my resignation on 11th may in system.My resignation was not accepted.I have discussed with hr.She is also using the same line.She says that you will have to survive your notice period for 30 days because there is some investigation is running.9th may 2016 is my releving date.Hr says that if investigation will not be complete till 9th june.We will releive you. My question is that they can terminate me during the notice period. Hr doesn't share the reason on mail. If internal investigation is running why they are not mailing me.

Ankita   19 May 2016

Dear sir, I have resigned in my company on 11th may 2016.There is a notice period of 30 days. I have choosen the relieving day on 14th may 2016.They have not relieved me.They have tried to retain me. As per my boss, he is saying that there is some internal investigation is running for you.we can't releive as i have put up my resignation on 11th may in system.My resignation was not accepted.I have discussed with hr.She is also using the same line.She says that you will have to survive your notice period for 30 days because there is some investigation is running.9th may 2016 is my releving date.Hr says that if investigation will not be complete till 9th june.We will releive you. My question is that they can terminate me during the notice period. Hr doesn't share the reason on mail. If internal investigation is running why they are not mailing me.

rakesh (NA)     19 May 2016

I am Asset. Manager accounts at the company, it's a pvt co,, appointment letter notice period can be given either of the party, Co is in Telangana,, Co personal call each employee said that co. Is closing and no other letter, circular given, my last drawn salary is rs 25000

Ritesh Maity (Labour Law Advocate)     19 May 2016

Originally posted by : Ankita
Dear sir,

I have resigned in my company on 11th may 2016.There is a notice period of 30 days. I have choosen the relieving day on 14th may 2016.They have not relieved me.They have tried to retain me. As per my boss, he is saying that there is some internal investigation is running for you.we can't releive as i have put up my resignation on 11th may in system.My resignation was not accepted.I have discussed with hr.She is also using the same line.She says that you will have to survive your notice period for 30 days because there is some investigation is running.9th may 2016 is my releving date.Hr says that if investigation will not be complete till 9th june.We will releive you.

My question is that they can terminate me during the notice period.

Hr doesn't share the reason on mail.

If internal investigation is running why they are not mailing me.
 


If an investigation/ enquiry is going on, then the employee against whom such investigation is going is supposed to know the details of the investigation in writing and documentary evidences. One sided investigation/ enquiry is bad in law. I believe the managment is taking the plea of investigation only to delay your release. 

The manangement cannot arbitrarily terminate you. If they do it will be bad in law.

1 Like

Ritesh Maity (Labour Law Advocate)     19 May 2016

Originally posted by : rakesh
I am Asset. Manager accounts at the company, it's a pvt co,, appointment letter notice period can be given either of the party, Co is in Telangana,, Co personal call each employee said that co. Is closing and no other letter, circular given, my last drawn salary is rs 25000

 

If the company is closing down, you will be entitled to retrenchment compensation which will include notice pay and 15 days salary for each year of service. It has to follow "last come first go basis" provided that Industrial Disputes Act is applicable to you. Please consult a lawyer with all your documents for better advice.

1 Like

Kumar Doab (FIN)     19 May 2016

@ Rakesh,

You have not replied pointwise to all points.

The company can not be closed by a verbal communication.

The employee can be terminated by a speaking order after due process of natural justice.

Since you are sounded by a verbal communication, you mayy submit a gentle representation addressed to good offices of appointing authority/MD/Chairman etc that on dated.............Mr/Ms...........Name of company/designation/address.............called from phone number................./time...............at phone number.................and stated..............( company is closing down and no need to attend office from dated..................and employment is terminated etc, whatever was communicated, minute it) and no written communication to this effect has been supplied and you are as per telephonic orders staying at.....................address..............as already in company's records, and a written communication be supplied by letter thru Redg. Post.

 

You are entitled to min. notice pay.

Rest  relate with service conditions applicable to you.

If you are unable to resolve by your own skills lean on able counsel specialzing in labor-service matters.

 

 

1 Like

Kumar Doab (FIN)     19 May 2016

@ Ankita,

 

You may also post reply pointwise to all points, that were posted to @ Rakesh. 

The resigantion can be without permission, notice.

The employee has severed the employer-employee relationship the momment employee has resigned.

If employee has initiated decided to retire by notice/resignation then employee shall choose the date of retirement/LWD.

Do you have copy of resignation posted by you on company's system, NOn acceptance of resignation?

Even if you have you may submit a letter for notice of resignation; mentioning that on dated...........................you have uploaded in system (whatever you call it) and ask to supply the copy of system printout as submitted by you and its acknowledgment, and nocommunication has bee supplied to you that to whom you should handover the charge.

YOu may submit final resignation.

It is apparent that your boss shall not issue aceptance of resignation, service certificate,FnF statement, relieving letter.

You must take your next employer in confidence.

 

Kumar Doab (FIN)     19 May 2016

@ Ankita:

Repeated at:

https://www.lawyersclubindia.com/forum/Termination-137316.asp#.Vz2CfzV97IW

 

Pls maintain one and original thread.

You need to post pointwise reply to all points as mentioned above.

 

 

 

Kumar Doab (FIN)     19 May 2016

Also repeated at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137315&offset=1

 


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