- The termination in your case is shown as ‘Termination Simplicitor’. If you do not work for termination notice period then employer shall not pay for notice period and shall pay till LWD. The employer may eventually agree to relieve on mutually acceptable date before expiry of termination notice period without asking for any buy out period claimed verbally by it.You may pursue.
- The lay off is different as the employer shall offer alternate employment, and pay lay off compensation.
- If employer is contemplating reduction in headcount then you may check if you can claim ‘retrenchment compensation’ as per ID Act.
- If you can build/record evidence that it is retrenchment it shall be of help to you.
IT companies in Rajasthan shall be covered by Rajashatan Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by this Act.
Your labor Law consultant/Service Matters Lawyer/Law firm, IT/ITeS employees unions or Trade Union leaders may opine that you are covered by the def. of ‘Employee’ as in this Act and ‘Workman’ as in ID Act.
It is your decision to challenge termination or demand compensation, but you should demand salary slips of all months, service certificate, relieving letter, PF number with a/c slips,ESIC card,NOC/NDC, FnF statement,FnF dues,Form 16 etc………….
You and all employees can contest the termination also and preferably under expert guidance of your labor Law consultant/Service Matters Lawyer/Law firm, IT/ITeS employees unions or Trade Union leaders approach:
Inspector appointed under Rajashatan Shops and Commercial Establishments Act, Payment of Wages Act
Highest Officials of Dept. of Labor
