Kevin Moses Paul
03 July 2021
The Indian Legal System consists of a particular Act that deals with all sorts of Industrial Disputes, including the one you're friend is dealing with.
The IDA known as the Industrial Dispute Act, 1947 describes corporate or industrial matters that takes place between employers and their employees or workmen. Moreover, the IDA, 1947. also illustrates various terms and conditions that circulate the employment of conditions of labour.
Therefore, an employer has a right to end an employment relationship with his/her employees or workmen, without a good reason and therefore a justification is not required for the dismissal of services.
However, he or she (i.e. the employer) is obliged to send a notice of termination, 30-90 days prior to cessation of services and clear All Dues, making the Following Requisite Payments:
1. Salary in lieu of notice when the notice has not been given
2. Salary for the days worked which remain unpaid
3. Encashment of unused paid leaves
4. Payment of gratuity to the employee who served for five years or more, as given in the Payment of Gratuity Act 1972
5. Payment of bonus for those employees who worked for at least 30 days in a financial year and earn up to Rs.10,000; as per the Payment of Bonus Act 1965
6. Any other dues contractually agreed under the company policy.
Now, since you're friend has been an employee for the organization she may proceed to file a suit in Labour Court before the Magistrate against the employer for recovery of all pending dues.
Hope It Helps
Regards
Kevin M. Paul
