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Kumar (Architect)     27 October 2014

Firing / redundancy in it / software development companies

Hi,

Are there any laws that define the minimum compensation that is to be paid to the employees working for IT / software development company in Hyderabad, Andhra Pradesh in case of redundancy  / firing? I have gone through several links, few article say employer is bound to pay only the notice period and other article say that apart of notice period, employer has also to pay 15 days of salary for each year worked in company.

I would request the experts here to let me know what is the exact laws? And can I take legal action against company?

 

Regards.

Kumar 



Learning

 3 Replies

Isaac Gabriel (Advocate)     01 January 2015

In accordance with the service condions.Normally the notice period salary is to be paid.The other aspect ie.15 days wages peratins to the Gratuity to be paid in accordance with the service period.

Kumar Doab (FIN)     02 January 2015

IT/Software companies in AP are covered by Andhra Pradesh Shops and Commercial Establishments Act..................

In case of termination by company as per this Act the copy of the termination order is to be sent to Inspector appointed under this Act and service compensation @ 15 days/year is to be paid.................you may go thru Sec;47

Don't mingle it with Gratuity.

What has become redundant::::: position or employee?

In any case the lay off compensation/retrenchment compensation is to be decided as per ID Act........

The IT/ITeS employees have also formed unions and trade unions like CITU,AITUC,INTUC,BMS etc are willing to embrace the employees from this sector.........

 

You should consult the union leaders and seek their support and also approach in person an able Labor Law Consultant/Service lawyer........................

 

Have you been fired (terminated.)  and if yes what is the reason quoted in termination order?

Or 

Have you been asked to resign (verbally ) .......if yes do you have any evidence (audio/visual/witness etc)?

 

Have you resigned without mentioning that you have been asked to resign?

Have you submitted notice of resignation or resignation with immediate effect?

 

Halyna Lerman   30 May 2020

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