Greetings EveryOne.
Hope every one had and continues to have a safe Diwali.
Today after being pushed around for quite some time, I have finally decided to fight. And for that, I need your help.
I joined a Indian Pvt Ltd Company (Not an MNC, but still a Big Group) in Early 2008 as a permanent employee(No probation period).
I have an agreement/Contract with the company which makes me liable to work for 5 years. I do not have any monetery liability towards the Company.
I was also to be offered Mediclaim policy and Personal Accident policy.
Please bear with me, I am not very comfortable announcing actual figures, so for now lets say I was offered an annual package of "A". I was to be under training for a few months, and was entitled for Stipend of say "20% of A" for the time I was on Training.
In about 5 months after Joining, the training period ended and I started receiving the full pay ("A") as per my Agreement/Contract. So far everything was good.
After 4 months of being on Regular duty, without any leaves, and being paid as per Agreement, the company figures that I am EXCESS for the time being (Along with some 50 more collegues). And due to the down turn,the company was not doing great either. So they asked all of us to give it in writing to the company that
"I accept a pay of my Stipend (Approx 20% of Full salary) till I resume office". I am also assured that my
agreement will be honoured and I will be back at normal pay on about 6 months time, etc etc.
And with that, I am sent for an Indifinite leave. And will be paid the stipend only. My Mediclaim will be renewed but my
personal accident Insurance policy will not be renewed (It was due to lapse shortly after being forced on Leave).
Fast Forward an Year, things are still the same. I and the others still get paid Stipend to sit at home
and be available ocationally (Once in couple months) for some or the other Training.
And now after all of this, The company wants me to sign on "Leave without Pay" till the time they can get
us working again. There is absolutely no time limit on when it would happen.
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Now I have not yet signed the Leave Without Pay, because I understand that once I sign that paper, after 6 months, no matter what agreement I have, the company can terminate me. And I surely do not want that with
3 years of my agreed term still remaining.
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So thats the story, and I seek advice on the following.
1. Is it true if I sign the Leave without pay, the company can terminate me after 6 months and I can leagally not do much ? (Its a very Big Company)
2. Can they terminate me if I deny to sign the "Leave without Pay" ?
3. If they Cannot terminate me, what would happen ?
If they Can terminate me, would there be any Compensation Package ?
4. Consider my position today (being paid Stipend), can I legally demand the company to start my normal pay as per my agreement ?
5. Also, what is your general take on my Case ?
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I would be more than grateful to any one who would take the time out to help me out.
I tried the Ministry of Labour and Employement website, but to no avail. I would'nt mind reading up articles if I can have links to a few.
Thank You very much.
God Bless Us All.