rahul (engineer) 25 March 2012

Forced leave/termination without compensation

Dear All,

I work in an airline and my performance over the past 5 years has been rated as Very good and outstanding.

The company has got into financial trouble recently and has not paid me salary for the last four months

recently management indicated that it wants me and several of my colleagues to go on Leave Without Pay or Face Termination without any compensation.

The selection of employees subjected to this treatment is on their " later date of joining basis".

As per my appointment conditions the both parties have to give a notice of three months or salary in lieu of for termination of employment.

Kindly advice what protection i have under the law to save my employment or get due compensation from my employer.

will greatly appreciate any help on the issue

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1 Replies

Kumar Doab (FIN) 25 March 2012

You have posted:

--"recently management indicated that it wants me and several of my colleagues to go on Leave Without Pay."

Company is facing financial crunch and wants to square of the FNF dues. It is diffcult to believe that company shall pay all dues.

--or Face Termination without any compensation."

Company is using coercion as it knows that employees would not like to have a blot on their career.

Employee(s) should record (audio/visual) such incidences and use it at appropriate time in appropriate forum.

If the company, decided to issue amass termination notice all of you can contest it.

If all you are united you can approach a competent and experienced service lawyer and your lawyer can evaluate the merits and may decide to issue a legal notice and may choose appropriate forum for you e.g. lodge a complaint with O/o Labor Commissioner, civil court.

Before the company declares bankruptcy it shall be better to collect your dues.

It shall be appropriate to finalize your next venture and submit notice of resignation and mention effective date of resignation in it. It shall be futile to stay with this company.

Since the company has not paid wages for the last 4 months company has lost moral right to press for notice of resignation.

If company accepts before date it can be termed illegal. If company relieves you before date and agrees to disburse notice pay, you may decide to accept it or not. You can also withdraw notice before effective date of resignation.

Kindly proceed as deemed fit.