Sonu ojha 27 November 2016

Employer sold his business and ask to search any where else.

Dear Sir,

I am an employee of a Pvt. Ltd. company, company has got a stone mining on lease in haryana since Feb. 2016 the lease is for approx 11 year, i have appointed as a Dept. Manager Sales before 1.5 month, now in this demonetization scenario my director has sold this business to other investor, and gave us a 15 days notice up to 30th Nov. 2016, as in my offer letter notice period is 15 days company has given me verbal notice on 15th nov. 2016.
I found my self foolish as with in 15 days i am unable to find a new job.
Also there is an annual bonus equal to one month salary that can be avail after one year completion, would i be entitled for the same, I request you to please suggest me what to do in this situation, can i sue on my employer and get compensation for my loss and for spoiling my carrier.

attached is my offer letter copy.

Reply Follow

4 Replies

Akash Kapoor (Owner at Shramsamadhan India) 29 November 2016

Dear Friend

Your employment period is very small. But there are some remedies available :-

1) Make it an Industrial Dispute under Industrial Dispute Act. See this for more on Industrial Dispute.

2) Contact a Trade Union pertaining to Industry you belong to.

3) As you are a manager you will not be aided by Shops and Establishment Act.

4) See this for calculation of PF and ESI. See whether they are paid correctly to you. If not contact PF or ESI enforcement officers.

Kumar Doab (FIN) 29 November 2016

Isn't it same query:

https://www.lawyersclubindia.com/experts/Employer-sold-his-business-and-asking-to-search-any-where--624141.asp

Kumar Doab (FIN) 29 November 2016

In your query you have mentioned your desigantion as:'Dept. Manager' , which can be misread ar; Department Manager

Actually it is Dy.Manager.

A Dy.Manager might be covered by the def. of 'Workman' as in ID Act,'Employee' as in Shops & Estbs Act by virtue of duties as on record.

The CTC does not speak clearly about 'other Allownces'...............

You might be covered by the Payment of Wages Act that does not discriminate between 'Workman' and 'Non Workman'.

Kumar Doab (FIN) 29 November 2016

Has the employer supplied the salary slip showing earned wages/amounts and statutory deductions?

The employee can lodge complaint the moment the employer has delayed payment of wages even if by a day.

The employer is keeping verbal mode to avoid record. Verbal termination is communicated in office. Speaking order is not supplied.

Take help of employee's/trade unions and your own counsel specializing in Labor/service matters and do not hesitate the appropriate forum as per your nature of duties on record and wages.........

Your counsels may also opine to avoid unauthorized absence and download attendance record and record everything.....