rajesh (self employed) 20 June 2016

Compensation for notice period

Sir,

I worked with software company through private consultant. In the offer they clearly mentioned that

TERMINATION BY THE COMPANY:

With Cause: The Company may, immediately and without notice, terminate your services with "Cause". The term "Cause" shall, as used in this Document, mean (1) the commission of a crime involving moral turpitude, theft, fraud or deceit; (2) conduct that has an adverse effect on the Company's reputation; (3) substantial or continued unwillingness or inability to perform duties assigned to the EMPLOYEE; (4) gross negligence or deliberate misconduct; (5) any material breach of terms and conditions specified in this letter; (6) Un-authorized absence from work for a period of three or more consecutive days without due consent or notifying your superior officer. (7) Providing any false information to the company.

Without Cause: In the event that the employment is terminated without Cause, the EMPLOYEE will be provided with a 30 days written notice prior to such termination or paid severance pay in lieu thereof equivalent to the consolidated compensation package for a period of 30 days, calculated on the basis of the last basic salary.

But they given only 15 days notice period through mail and terminated, latter they settled my salary after 57 days and not given 15 days compensation. i asked compentation for another 15days, they said we'll not pay.

Am i eligible for the compensation for claim 15 days notice period, how to get it. Please advice me.

Thanks,

-Moorthy

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4 Replies

Kumar Doab (FIN) 20 June 2016

Why were you terminated?

Has any reason been mentioned in termination order?

Before termination was any stinker, show cause notice issued and inquiry conducted?

What was the last notice period applicable in your case?

What was your designation and nature of duties?

You were in which state?

You have worked for how many days?

Have you asked to tender 15 days notice pay in writing and they declined in writing?

Has any FnF statement, last month salary slip,For16, service certificate,relieving letter been supplied to you.

rajesh (self employed) 21 June 2016

Why were you terminated?Contract over between the buyer and seller. I'm layed off with out any issue

Has any reason been mentioned in termination order?No, Just they say intimation to Notice period.

Before termination was any stinker, show cause notice issued and inquiry conducted? No.

What was the last notice period applicable in your case?As per the policy its 30 days notice period, but they layed off with 15th day.

What was your designation and nature of duties?Test Advisory, in software industry.

You were in which state? Karnataka, Bangalore

You have worked for how many days? 75 Days, But they promised me that the contract will go for 18 months and converted as a permenent employee.

Have you asked to tender 15 days notice pay in writing and they declined in writing?When i asked through phone, they said "NO" we'll pay.

Has any FnF statement, last month salary slip,For16, service certificate,relieving letter been supplied to you. Salary slip,Service letter give, form16 not given. PF not sure will they paid in my account but deducted from my salary.

Kindly refer with out cause of termination.

Thank you very much for your time.

Kumar Doab (FIN) 21 June 2016

Involve IT/ITeS employees union, employees unions, trade unions and your matter may get resolved.

You may approach: Inspector appointed under Karnataka Shops & Estbs Act, Payment of Wages Act.

If you are unable to reslve on your own or with help aproach an able counsel specializing in labor-service matters.

Ritesh Maity (Labour Law Advocate) 21 June 2016

Your termination itself is illegal. If you challenge, you will be entitled to reinstatement and back wages. However, if you are happy with only 15 days salary, then claim before the Referee under Shops & Establishment Act as your IT company will come under the said Act.