LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravindra Bharathi (Consultant)     19 February 2010

Termination of employment in a private Ltd company

One of my friend has been appointed by a Private Limited company of a big group in India and his appointment letter sates that he will work  till retirement at the age of 58, with an option of 3 months notice for termination from either side. Now the company is in the process of terminating employees  saying that they made a mistake of large scale hiring but now wants to correct it through retrenchment. I request you to please clarify  the following :

1. Can he insist that he  should be allowed to complete 3 months notice period or the employer can terminate by giving 90 days notice pay (Basic pay only) as it is not his fault.

2. Is the Employer  required to give the reason for termination/retrenchmnet.

3.The company wants him to resign voluntarily but he does not want to resign as there is no immediate job/offer in hand, in case  he gets 3 month's full pay by giving only the notice/intention to resign, he can finacially survivie till he gets a job. Is there any provision to buy time or be reasonale.

4.Alternatively can he ask the employer to terminate him instead of his resigning voluntarily as he will get the reason in writing, in such a case is he entitled for full pay or notice pay

5.Kindly advise how to handle this situation as the company in earlier occasions ( last year) permitted few employees to continue for 3-4 months in job with full pay / paid 3 months full pay without attending the office.

Thanks & Regards



Learning

 27 Replies

Sarjooram Sharma (Assistant Labour commissioner)     22 February 2010

If the employer wants to terminate you, the dispute is apprehended, and at this stage also you can file an industrial dispute before the conciliation officer of the area concerned.

ranjan (software engineer)     25 February 2010

Company can not terminate service of a workman by giving foolish reasons like the one given by ur company. if company wants to retrench because of poor financial condition then they have to disclose their financial status to the court and convince with proper evidence that they are really in poor financial condition to get approval from the court.

 In ur case u have to findout whether ur nature of work come under definition of workman under i.d act by refering i.d act.  salary or the designation is not the criteria for deciding whether person is workman or not?

Abhinav narang (none)     25 March 2010

There is the big problem with me i joined a pvt ltd company in noida and its a bpo and when i reached my  work place thye told me that if i will not going to do the sale they will going tob terminate me without salary

what should i do

discography (none)     03 April 2010

Dear Sir,
I was an employee of UBS as associate director. Some one in the company circulated (email) salary details of all.  The excel file which contained salary details had my name as author, which can be changed by anybody.  I was forced to go on leave and after 4 days my manager visited my house and took away my hard drive, after a week he took another hard drive. I sensed danger and filed FIR against them (the FIR was quashed since the police said the facts are not right).  In a retaliatory measure my company terminated me under software policy clause, saying I had installed password breaking software on companies computer.  I am jobless for a year now and will not get any job in future due to the nature of termination letter.  I dont have any money even to appoint a lawyer, I have sold all my gold to survive this one year,  I am now planning to sell the only property I have, my house.

Please could you suggest some ways through which I can fight back, probably somebody who can fight for me and share the compensation recieved.  I have the evidence where the company has agreed in black and white that they visited my house and took the hard drives.

Sarjooram Sharma (Assistant Labour commissioner)     05 April 2010

I think nomenclature and nature of job as you hold as associate director does not come under the term workman.

Ravindra Bharathi (Consultant)     06 April 2010

Dear Mr.Sharma,

Thanks for your reply, yes I agree that my friend is not falling under workmen category. as he is in the management cadre.

Regards,

Ravindra Bharathi

discography (none)     07 April 2010


Dear Sir,

Though the title they gave is of asst. director, the rank is manager.  However,

1. I have been terminated on false grounds.

2. They trespassed my house and took my hard drives.


Please could you help me understand if I can file cases in civil court for the above.


Regards,

Abraham Simons.

09494260055

Sarjooram Sharma (Assistant Labour commissioner)     07 April 2010

I think you should go for civil suit. I labour laws, I think there are least chances about your success.

rajiv verma (Dupt Manager)     01 May 2012

Dear Sir,

I am working with Limited company, last month company head office post latter to my home add , subject My services are no longer requried we are discontinue your services from 16 Apl, and latter post on 18 Apl, i have recieved this latter on 27 Apl when i ask to my circle HR to about this latter he have no information about this, he have already send the Monthaly attendance to Head office for salary process..i am working with this company from 2008.

Dear Sir i want to know can i send the legal notice to head office.

BR//

Rajiv Verma

Neelam (DEPUTY MANAGER)     17 November 2012

Dear Sir,

My father is working in a well settled reputed Private Company from last 17 years and is just left with 4 years of service from know. My brother was also working in a sister concern and was appointed as GET. Now after 3 years of experience, he got a better opportunity and he wants to take it. As he decided to leave he completed his 1 month notice period too. Now after completing  this period , when he went to collect his final settelment check, the ED. of company has warned him and my father either both to stay or both leave, on the grounds of words saying that no one has informed him so he is annoyed. According to me Its a default duty of Company channels to flow this information to ED, and its a situation where in my father is in a bad situation to decide weather to move forward or stay as at this age he will not get a good job again. Please help and suggest the step we should follow.Should we take a legal action because things are not getting settled through mutual talks.

Neelam.

Mohanish (Designer)     24 April 2013

Hello my self mohanish and i'm working in Pvt . Ltd Com. is my com. terminate me any time if i have conformation letter? there is noting is mention in conformation letter and Appointment letter about this. my Com. suffer loos b'coz of poor management.

Nagaraju GR (senior engineer)     16 August 2013

Dear sir,

                     I am working in one of the private company (export oriented unit) as senior engineer from past 

3years,the company in offer letter has mentioned that 3months prior notice should be given during resignation to the job. But now the company management is showing loss in the business due economical crisis in european market and thinking of closing the unit or to minimise the staffs,they informed us about this recently and asked us to look another job.

Please guide us that how we can move in this issue and what compensation that we can get from the company during closure,please help and guide us.

 

regards,

Nagaraju GR

M : 9916323409

Naveen porwal (sr. tech support)     09 September 2013

i was working with a small pvt. ltd company of just 15 people from past two month everything was going good .
 As this was small set up there were lack of facilites as well  Few days ago i had argument with TL bec i was on phone with cx for 1 hr helping him to fix his copmuter but MY TL created an issue  and came with a letter mentioning that i am giving wrong information,rude with cx etc , just for personal grudges but As i was not agree with  inputs provided by him in termination letter , I didn't sign it after week off the director or Owner of company told me not to come to office anymore as i had been terminated without any HR intervention. now i am jobless and my salary of previous month yet to come ..

please tell me what should i do

Mayank (Na)     28 October 2014

Hi,

My name is Mayank Garg. I would like to ask few concern from the experts. Please help me.

Actually I have been terminated from my company stating that I was on a 3 day leave which was not NCNS(No Call No Show). Before going for a leave I have applied for 3 days leave on an emergency basis on my leave application portal,it just that I didnt discuss this with my manager but he was aware of it. When I came back on 4th day I have been terminated straight away. without any information. I am very confused that what should I do now as I lost my 15 months experience and even I dont know the policy of any termination. Will company pay me a salary for 3 months as a compensation or should I go the labour court regarding the compensation if they deny to pay that.


Mayank Garg


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query