Dear Sir, My husband working in Mumbai as manager, is being terminated by company as they are restructuring the company, with one month notice period as per appointment letter, company has issued termination letters to most of employees. in settlement company is paying Salary, Bonus, LTA, Encashing PL/earned leave of 21 days as against balance leave of 32 days.
Am i entitled to claim earned leave encashment of 32 days - please let me know the under which Act can this be claimed also notice that company is paying retrenchment compensation to select few, please let me know what all dues can be claimed from employer as this Mass termination of employees and also let me know the Act / Laws
thanks
robert
From India, New%20Delhi
Am i entitled to claim earned leave encashment of 32 days - please let me know the under which Act can this be claimed also notice that company is paying retrenchment compensation to select few, please let me know what all dues can be claimed from employer as this Mass termination of employees and also let me know the Act / Laws
thanks
robert
From India, New%20Delhi
It is not clear from the facts whether your husband was covered under the definition of workman of ID Act. For those who are covered as workman, the management ought to have given notice to the workmen under section 9A, ID Act otherwise it is void retrenchment. Refer to Loksatta News papers Ltd. case of 1999. Further compliance of retrenchment compensation have to be followed for all workmen apart from provision of last come first go. If your husband is not covered as workman, then under section 38B of the Bombay Shops and Establishment Act the provisions of Industrial Employment Standing Orders are applicable if there are 50 or more employees. By virtue of it simple termination without notice is not suffice.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
Dear Sir
co has more than 50 employees, my husband has put in more than 4 years of service.
Encashing PL/earned leave of 21 days as against balance leave of 32 days. am i entitled to claim earned leave encashment of 32 days - please let me know the under which Act can this be claimed
regards
robert
From India, New%20Delhi
co has more than 50 employees, my husband has put in more than 4 years of service.
Encashing PL/earned leave of 21 days as against balance leave of 32 days. am i entitled to claim earned leave encashment of 32 days - please let me know the under which Act can this be claimed
regards
robert
From India, New%20Delhi
Since he is working in Mumbai, resort to provisions under Bombay Shops and Establishment Act read with Industrial Employment Standing Orders Act to obtain stay against termination if no show cause notice has been given. Further workmen of the company can also obtain stay from labour court against the restructuring leading to retrenchment, if no notice under section 9A of ID Act has been given and no settlement under the ID Act was entered into. The EL issue is a minor issue. It. can be claimed under the Bombay Shops and Establishment Act and rules. Other benefits under the said establishment Act are undeniable.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
It is better to not to accept the earned leave encashment if you are disputing the validity of termination. Otherwise under the Bombay Shops and Establishment Act, maximum 42 days earned leave can be accumulated and at time of discharge can be encashed.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Sir understand that company is winding up & they have made out termination notices to all staff members, regards robert
From India, New%20Delhi
From India, New%20Delhi
Dear Sir please let me know how leave encashment is calculated, regards robert
From India, New%20Delhi
From India, New%20Delhi
In terms of sections 35, 36 and section 2 of the Bombay Shops and Establishment Act read with section 2 of the Payment of Wages Act, wages are calculated for earned leave. Formula of one LD. Contributor Mr. Manish Modi may be referred to in a thread "Leaves Granted" of Citeops in this regard.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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Termination-emp loyment_563.pdf
Termination letter.doc