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Jithu Jose (Senior Executive - Billing & Collection)     23 April 2012

Compensation for seperation from pvt. limited company

Dear Members,

Iam working as a Senior Executive - Billing & Collection (Permanent Employee) in Private Limited Telecom Infra company for the last 2 years. In these period I got various recognitions like Star of the Month, Consistent Performer – Collections for my outstanding performance. Till now I haven’t given an memo or notice for any unfair practice. Couple of months back, due to the 2G spectrum scam issues company lost its major clients is having a huge revenue loss. As a part of this company decided to do Employee Optimization and myself is there in the list circulated.

Company HR is now asking myself to put the resignation letter and relieve by 31st May 2012 without giving any compensation which am not willing to do. I have asked the HR to provide a letter/notice with reason for myself getting terminated. The company is not ready to give any letter regarding the same.

Please guide me with rules and action to be taken in my case. 

Attached the employee handbook for your reference.



Learning

 1 Replies

Kumar Doab (FIN)     23 April 2012

You have posted that:

--"As a part of this company decided to do Employee Optimization and myself is there in the list circulated."

What is the wording in the email/letter with which this list is attached? What is the heading on the list?

Simple said employee optimisation is decorated phrase for Retrenchment. Company should  pay compensation.Usually companies believe that majority of the employee shall get subdued and agree to sign on whatsover amount is offered and shall resign.

You may approach a competent and experienced service lawyer and let your lawyer examine you are a workman or not?

--If the company issued a termination order, ntoice pay is to be disburded.

--"Company HR is now asking myself to put the resignation letter". Employee should record such transactions ( audio/visual) for use at appropriate time in appropriate forum. Forced resignation can be deemed termiantion.

--"Couple of months back, due to the 2G spectrum scam issues company lost its major clients is having a huge revenue loss." There is reason for Employee Optimization or retrenchment.

If you and other employees are member of trade union the union can agitate on your behalf and demand  compensation.

Other option is you may finalise your next job and aftewards ask for waiver of notice period and notice pay from your current employer and obtain payment of dues, work experience/service certificate, relieving letter, acceptance of resignation and waiver of notice pay , attested copies of PF withdrawal/transfer forms, PF accumulation reports, form 16, FNF statement etc and move on.

 


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