FITE 28 April 2017
Friends,
Hope you are well aware of the mass illegal terminations happening in IT industry. im just going through what is the legal option to protect the IT employees from illegal / forced resignations.
Industrial Dispute act provisions only for retrenchment/layoff in factories. What is the legal provision available for IT employees to protect from this mass illegal / forced resignations.
Pls help me to understand.
Regards,
Parimala.
darshana sawant (associate consultant) 28 April 2017
Dear Parimala,
In case you come within the purview of definition of workman as defined in the Industrial Disputes Act, ie; performing work of manual, unskilled, skilled, technical, clerical operational or supervisory work for hire or reward; if you come under any of the above categories and do not have any independent decision making powers or workers working under you, then you are entitled to file a Complaint of unfair labour practices in the Labour Court, if you are in Maharashtra and immediately seek interim relief of reinstatement. If you are from any other state, then you have to raise a dispute before the Conciliation officer who will refer your matter to the Labour Court of forced resignation.
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