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Mayank (Sr. MT)     29 August 2014

Kpo process is going to shut

If a person is working in an organization from last 5 years and now company wants to terminate his services by harassing him and forcing him for resigning, in that case what compensation should given to that employee and for what he is eligible.



Learning

 2 Replies

Rangee (Lawyer)     29 August 2014

The company cannot force any employee to resign unless proved that employee is guild of misconduct. You have chance to protest and refuse to resign demand the reason for removal and file case before labour court you will win. If you accept to quit volantaerily the company should serve three months notice to you or pay three months salary in lieu of notice and DCRC Leave PF as per Rules. 

R.S.K.Singh

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Kumar Doab (FIN)     29 August 2014

The chance of compensation shall arise only if the affected person is able to prove on record the harassment, coercion, threat, intimidation, forced resignation ( that may be get termed deemed termination)……….?

Can he prove it?

If he resigns then company can adjust notice pay and square off his dues and may pay nothing.

 

You are from which side ;Employer or Employee or are you the affected employee yourself?

The affected employee can certainly approach Labor Inspector/ALC/O/O Labor Commissioner, Inspector under Shops and Commercial Establishments Act, Employee's unions, Trade unions, Lawyer.............

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