Termination of service from a pvt. ltd. co.

For bonus you are not eligible , one dont get bonus for 3 months .

what is the notice period from company side check that and than you can claim to be there for more time , like if company to issue or give 1 month notice in advance.

 yes it is and you are on probation basis , so there is very little you can fight for , Look at your appointment letter most of your questions answer will be in that .

The payment of Bonus Act does not make distinction in permanent,temporary,probationary etc. Therefore you are entitled to receive bonus,if you have worked for more than 30 days.However you are only entitled for proportionate period and not for one year.

Sir,

Thanks for your kind and quick reply.

In my appointment letter it is written that "You will be entitled to Bonus as per rules of the company and as and when declared by the company, if any." Regarding the same I was surfing the internet and and have found that entitlement of Bonus is based on 30 working days at least in an year with a salary upto Rs10K pm and no where it was mentioned that probationer period is not entitled for Bonus. I have enclosed 2 attachments out of which a word attachment contains some extracts from one website quoting the webaddress as well for your reference and further advise. Kindly check the same as well.

Regarding the Notice Period, it is clearly. written that "Your probationary service would be terminated by giving one month's notice from either side without assigning any reason whatsoever." Based on the verbal information from the director I got notice of 6 days on and from 25th October 2012.

You are most welcome to give feedback.

Attention : Advocate Jagadish Paranjape

Sir,

I am happy with your reply regarding the bonus issue. Would request you to reply on my other issues as well since you deal / dealt with labour laws in Pune for long and have vast experience behind you. I myself incline to your views regarding the bonus. But some other advocate is not in line with you in this particular issue, which you might have noticed.

Thank You very much.

Warm Regards,

Bhaskar Chatterjee

If the company employs equal or more than 20 employees,the Act is applicable.and it does not matter as to what your appointment letter says.As far as notice period is concerned you can claim the salary for one month minus the actual period of notice.

Attention Adv. Jagadish Paranjape

Sir,

I did not understand your reply regarding which issue you replied in the begining with act. which act? Please make it a little clear. Kindly note that apart from 5staffs of permanent & probationer there are 2/3 part timer & casuals and 3 Directors apart from which there is no managerial post in the company. The old staffs received one month's salary as Bonus in the first half of this month. Am I entitled to claim for salary as advised by you only in case my compnay had 20 or more employees?

Warm Regards,

Bhaskar Chatterjee

Dear Sirs,

Kindly confirm me if I should accept the acknowledge receipt in the duplicate copy of the Termination Letter normally or not  and then proceed for legal proceedings after the date 01st November 2012. In the termination letter ( I enclosed the the body of the letter which I managed without notice of our director) my last working day has been mentioned as 1st November 2012 and Not 31st October! As per the version of the director is to come to office on 1st mainly because that day is the salary date so it was mentioned as my last day.

Is this last date of 1st November 2012 lawfully acceptable from my side? Kindly explain. Also advise if the letter is lawfully correct for my side or not in other respect. Please feel free to contact for any further clarification on the issue and help me out for the JUSTICE.

If I end my career with this co. on the specified date and plan to do a legal action against the lawful demands and rights how do I receive this letter? Receiving the letter may mean to accept all the conditions mentioned in the letter without any protest, but then there could be problem filing the case and stand out with my rights and claims. Request you to guide me to the proper way for my sake.

Warm Regards,

Bhaskar Chatterjee