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Rashid Shaikh (abc)     21 November 2014

Job opening post role defunk

Need to discuss a case which I have observed.

I am currently working in an MNC and due to Lay-off, the MNC has asked me for a separation with an early separation package due to my role defunc, which means the said role was not required in the organisation. In mid November, the organisation has again opened the same job post on which I was working (with a few changes) while I am still in the Organisation System.

This all happened in the month of September 2014 and I had to leave by November 30 2014. When they posted this job on the portal, I had objected and contested the job opening. I had requested the Organisation HR to reinstate me on the same post as there was a requirement of the same. On my mails and escalations, the organisation has put a hold on the said job.

Need to discuss if a legal case can be filed against the organisation for the event of defunc of my role and then reopening the same post without considering me.

Would also like to know what is the process of filing the case in Labour Court and will the forum support me in providing the resources for the same?



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 1 Replies

Kumar Doab (FIN)     23 November 2014

Your point is that employee did not become defunct but the post.....employee was laid off.....alternate employment was not offered but it was available OR the post was recreated with some flimsy changes.....and you were asked to resign...in order to avoid lay off compensation /termination... The lay off/retrenchment compensation is n is defined in ID Act Meet an able Labor Law Consultant Service matters lawyer in person and give inputs in person and proceed under expert advice of your lawyerT

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