It company labour laws for compensation

How much do you think is due to you from the company? based on how much others are getting.

It is varying employe to employee  they are giving retetrench bonus for  some employes.Some employes they are not giving a single penny

Dear querist, How much in terms of rupees? Based on that I can tell whether filing a case will be useful or not.  Litigation costs will be approximately 30 to 40 thousand.  And length of case nobody can tell.  If amount is less also you can file a case, but what use if fighting case cost you 1 lakh and your compensation is 10000?

Originally posted by : Subbarao
	Can we file a case on IT company layoffs for compression ? I have service with this company more than 6 years.They are giving compensation for some employees not giving for some employes at the time of Lay offs. Can any one please advice me on this? It's very urgent

Prima facie, looks like what the company did is illegal and you are entitled to compensation. However, for better advice, more details (like total number of employees/ nature of company/category of employee/ salary/ tenure of service etc.) is required to be known. 

And calculate the amount of compensation you are entitled to and the cost and time of litigation before proceeding legally.

Do it collectively as a Group and it is always to seek professional advice.

it 's ariund 3,50,000

You have Posted:

“Can we file a case on IT company layoffs for compression ?.....................................  they are giving retetrench bonus for  some employes.Some employes they are not giving a single penny………………….. it 's ariund 3,50,000”

Who has calculated the amount and communicated in writing; company or you?

Apparently: if it is retrenchment and if the amount is calculated cortrectly it seems to be below statutory limit and may not be subjected to tax treatment.

15/26*Average Salary of last 3 month* Completed Years of Service (even year greater than 6 months is calculated as full year)

You may determine what exactly employees (and you) are looking for compensation, lay off, retrenchment.

(Industry not being seasonal or in which work is not performed only intermittently and in which not less than 100 workmen are employed on an average per working day in the preceding 12 months.)

United employees can negotiate better for some award/compensation.

Has employer issued notice of specified authority of the government, employees and paid compensation?

Go thru; ID Act;

Prior notice indicating the reasons for retrenchment must be given to the employee or wages should be paid for the period of notice in lieu of the notice

The workman should have been paid at the time of retrenchment, compensation equivalent to 15 days average pay for every completed year of service or any part thereof in excess if six months

Notice in the prescribed manner should be given to the appropriate government or to the specified authority by the appropriate government. The authority conducts inquiry and issue order.

If the employer does not comply then the retrenchment will be void ab-initio and the employee would be entitled to all consequential benefits as if there had been no retrenchment.

The employer has to satisfy prescribed conditions: otherwise the retrenchment would become invalid and it would attract penalty u/s 31 (2) of the Act)

The notice by employer is mandatory and useful for future reference also.

Go thru; ID Act; Sec: 2(oo), 25-F, 25-G, 25-H, Chapter V-B

FIRST COME LAST GO, LAST COMNE FIRST GO

PRINCIPLE OF RE-EMPLOYMENT: a workman has been retrenched by the employer on the ground of surplus staff, such workman should first be given an opportunity to join service whenever an occasion to employ another hand arises. This section imposes a statutory obligation on the employer to give opportunity to the retrenched employees to offer themselves for re- employment.