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Guest (n/a)     22 February 2009

Your valuable advise

 Sir / madam, am working for group company of a MNC bank as asst.sales manager for unsecured business loans. Due to current market condition, business is not happening and my bosses are intimidating us that our services will be terminated, our salary will be held up... they are now started torturing us. Pls. tell (a) under what circumstances employee's services can be terminated (2) Can they hold our salary (3) In case of termination of services, what should employee do. Please help me by giving me your valuable advise. thank you



 2 Replies

Guest (Guest)     23 February 2009

Dear frined,


Do not worry.  The law is on your side.  As long as there is a valid personal contract of service, they cannot terminate your services, unilaterally.  The law has prescribed certain procedures to terminate the services of the employees.  If any one violates these provisions, the employees are entitled to reinstatement in some cases and compensation in some other cases.  MOST IMPORTANTLY, THEY CANNOT WITHHOLD YOUR SALARY/WAGE AT ANY COST, BECAUSE, YOU HAVE ALREADY RENDERED THE SERVICE.  Retaining that amount is totally illegal.


The conditions for termination of service are very exhaustive. (1) first look into the appointment letter.  (2)  If appointment letter gives the scope to the employer to terminate, go through the provisions and see, whether they are arbitrary.  (3) if they are terminating the service due to lack of business under Industrial Disputes Act, then the conditions of Section 25-F and the principle of "last come-first go" shall be applied.


prabhakar


 

Sudhir Kumar, Advocate (Advocate)     19 November 2011

In case you are prematurely terminated (not for misconduct) due to loss of business the benefit of retreanchment will be there. So the company is perhaps avoiding and soon call for a settlement.


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