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MyMatter (Employee)     29 May 2017

Pvt it company termination notice

Hi,

My company has suddenly told me that your position has been terminated and your removal is not based on your performance but because your position is not more required. I have been given a 1 monts notice period and severance pacakge. They also told me that you search a job witin company on your own and if you get any opening withing company you will have to go through the complete recruitment process to retain the employment. I have been working with this company for last 6 years. Comnapy is MNC and running in profit.

What are my legal option to demand healthy compensation. As company is running not only in profit but also can move me within the company itself on different project. If my company find my skill set unsuitalbe then it is company's responsibility to train me on suitable skill sets and put me on different project withint company itself. 

I feel my company is using use and throw policy and as an employee I have nothing in my hand but to accept what eve compny is offering me as a severance package and leave the job. 

Kindly adsive. 

-Regards



Learning

 13 Replies

Kumar Doab (FIN)     29 May 2017

Telling, told, asking, asked, saying, said etc etc are all verbal modes of communication and not on written record.

The onus to establish may shift on you.

Are all transactions posted by you verbal or in writing?

 

Kumar Doab (FIN)     29 May 2017

Apparently it is  (verbal mode ) lay off  and not retrenchment, termination...................and NO trace or record is being left for you quote later.

The intention seems to make you agree and resign.

Kumar Doab (FIN)     29 May 2017

Healthy severance package can be discussed by applying your own skills: persuasion, persistence, reasoning, negotiations.

Is there any IC,GUILD,Greivance Redressal Committee (internal or as notified by state govt), employee's union, Unions ambraced by Trade Unions.

 

Kumar Doab (FIN)     29 May 2017

If nothing is on irrefutable written record, then you may continue to mark your attendance and download evidence of attendance as well as KRA’s, performance, appraisal, appreciations, incentives, commendations, NO tasks are pending, NO loss caused, NO stinkers,  etc etc .

Access to officials email id/ emails can be blocked any time.

Kumar Doab (FIN)     29 May 2017

What would be your 15days salary ( as last drawn) x NO. of years.

To calculate 15 days salary: 1st calculate per day (1day's ) salary=Monthly wages/26

Relate with what is ebing offerred to you.

Kumar Doab (FIN)     29 May 2017

In case of lay off employer should issue also help to adjust in other dept and help to absorb.

MyMatter (Employee)     30 May 2017

Yes, company has given me written notificaiton on termination of job, along with severance package. 

Is't there any legal way I can challenge the company? No where in the termination notice company has mentioned naything about my performance. 

As compnay is ruthless about terminating the employment why shouldn't I pull more in my pate under severance package? Considering the problems in IT sector I don't konw when will I get my next job. I don't have nay means to secure my near future in terms of finances. Don't I have any rights to legally challenge the company?

 

-Regards

Kumar Doab (FIN)     30 May 2017

"Relate with what is ebing offerred to you."

You have not replied to it.

What is this severance package?..........................Notice Pay, Retrenchment Compensation?

Is it mentioned in appointment letter or any other Service Rule/Policy, Employee Handbook etc etc?

Do you have a copy of such Rule/Policy?

 

Kumar Doab (FIN)     30 May 2017

 

 

What is the reason of termination mentioned in writing in termination order?

 

Has any stinker(s), memo, PIP, SCN, poor ratings/grades in appraisal been ever issued to you?

 

Kumar Doab (FIN)     30 May 2017

 

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS (Noted: IT Company)?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 

Are you under probation period or confirmed?

Has your probation period been extended?


Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?

 

Kumar Doab (FIN)     30 May 2017

If Termination order is bad and is causing loss to employee, then employee can agitate and even claim damages.

However, claim of employee should have sufficient legal force in it.

There are instances when IT companies have been ordered to pay damages.

What is in your matter is not made fully known by you.

 

 

 

Kumar Doab (FIN)     30 May 2017

You may discuss in person in detail with a very able local counsel of unshakable repute and integrity specializing in Labor/Service matters.

 

Kumar Doab (FIN)     30 May 2017

Keep elders of your family, competent and ewperienced well wishers by your side.


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