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Mahua Nandi (ea)     20 June 2014

Is it retrenchment or termination

Dear Sir,

Recently our Company hired two consultants from outside for HR and Marketing .They are not in company’s payroll.

 

In the month of May’14 new HR consultant called me all of sudden and said ,they cannot find any appropriate position to offer me and now it’s my decision.

 

Initially when I joined, I was appointed as Executive Assistant to MD .Later my role was changed on paper as Technical Coordinator after former MD resigned and new MD took over. The present role I did not accept but continued working under technical service.

 

At present I am pregnant and the consultant said to take the decision soon. I completely disagreed and said I shall think about it after I come back from maternity leave because I served this company for two years.

 

Moreover, in that meeting neither my immediate boss nor the managing director was involved. Recently I received feedback from boss that in my appraisal I scored well but management did not give me the increment in this month and they did not even explain why?

 

In my appointment letter notice period is mentioned as 2 months and in the termination clause it is also mentioned that company will pay 2 months notice pay in lieu or give two months notice period.

 

My concern is in case I resign after coming back from maternity leaves then they may not allow me to serve the notice period nor they will pay me two months’ salary.

 

In case if I do not resign and wait for the management to take the decision then will my termination considered as retrenchment? Can company retrench one employee?

 

Kindly suggest me in order to get two months notice pay shall I resign or wait for the management to take the action.



 2 Replies

Kumar Doab (FIN)     20 June 2014

Another thread by the querist is at:

 

https://www.lawyersclubindia.com/forum/Generic-designation-changed-in-appointment-letter-103750.asp#.U6QNvJSSwb8

 

A pregnant woman employee can not be terminated during Maternity Benefit Period::: in case of private establishment it may be 6 weeks prior and 6 weeks after delivery and another 1 month in case of sickness due to pregnancy delivery. It may be more than it as per policy of the company, hence you may check it.

Submit Maternity Leave application and attach proof of pregnancy and tentative date of delivery as given by your doctor. The payment of Maternity Benefit (6 weeks prior to delivery) is to provided in advance, and (6 weeks after delivery) is to be provided within 48 hours the pregnant woman employee has informed of having delivered child.

There are many threads on Maternity Leave e.g;

 

 

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

 

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

 

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

 

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX

 

 

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU

 

 

 

You may submit notice of resignation with notice of 2 months, after maternity Leave.

If an employee has submitted notice of resignation the employer can not prepone or postpone effective date of resignation. If employee agrees employer may tender notice pay in lieu of notice pay.

Employee can withdraw resignation anytime before expiry of notice period, acceptance of resignation.

If you scored well obtain copy of appraisal and claim increment as per matrix.

If the position of EA was abolished you were provided another position.

You have posted that you did not accept it in writing but you have been working at new position.

Demanding resignation can be termed offence and ‘deemed termination’.

Did you minute the discussion and demand of resignation?

The HR consultant can not ask anything from anyone since he is not an employee of the company…………………………………….and even if he is he can demand resignation.

You may utilize the time to firm up next venture……………………………….

You must consult a local labor consultant/service lawyer in person with all of your docs on record and proceed under expert advise of your lawyer.

 

 

 

Laxmi Kant Joshi (Advocate )     20 June 2014

It is termination of your service , in retrenchment if you have completed one year of regular job in the concern /factory and the company is going on loss or not getting work from other sources then it do the process of retrenchment , before doing retrenchment company have to take permission from concern authority like registrar or state government , and after retrenchment employee is eligible to get compensation from the company .

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