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Neil Paul   02 July 2021

Termination

Greeting to all the expert's. I have a friend of mine, who got a job back in 2017. Recently, in May 2021 when the lockdown was imposed again due to the second wave of Covid-19, she was asked to sit back home, during this time she was not paid anything from office side. Now, when things are turning fine, she contacted the HR department to know what's the situation they're not giving any satisfactory response to her. Earlier this week, she has recieved a Termination mail from the office which hasn't cleared the reason for the actions, and when she tried to see the HR manager in person she was denied to enter the office premises. I would like to know what should she do now? such that these things can be compensated.


Learning

 1 Replies

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

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