Hi
I am 50 years old and working as a manager in MNC past 13 years. Suddenly company advised us to give resignation letter. What are the compensation should I claim as per Indian labour act. Please advise me.
From India, Delhi
I am 50 years old and working as a manager in MNC past 13 years. Suddenly company advised us to give resignation letter. What are the compensation should I claim as per Indian labour act. Please advise me.
From India, Delhi
Hello Srinivasan, You can claim for Provident fund, Gratuity, salary if they are relieving you before the notice period, any bonus parts/ benefits if applicable
From India, Hyderabad
3From India, Hyderabad
Please note that, i want to know that, other than PF/Gratuity/two months notice period/exgratia (pro-rata basis), what are other components i have to get as per indian law as i am working since past 13 years and financially contributed growth of my company.
From India, Delhi
From India, Delhi
If you are resigning, there is no compensation that you can get under the Indian labour laws.
It does not matter on the fact that you have been working for 15 years you have contributed to the financials of the company. That was a part of your job and it was your duty to have done your work properly. The compensation that you will get is the ones listed above and nothing.
However, if you do not resign, and you are terminated by the company or you retrenched, you would be entitled to compensation for this. In case of termination, you would be entitled to reinstatement if the termination is not for a valid cause or for any misconduct under the standing orders. in case of retrenchment, you will get retrenchment compensation of 15 days for every year work. Further, retrenchment can only be done in reverse order of which means they can retrench you only after they have retrenched others who have joined after you.
From India, Mumbai
It does not matter on the fact that you have been working for 15 years you have contributed to the financials of the company. That was a part of your job and it was your duty to have done your work properly. The compensation that you will get is the ones listed above and nothing.
However, if you do not resign, and you are terminated by the company or you retrenched, you would be entitled to compensation for this. In case of termination, you would be entitled to reinstatement if the termination is not for a valid cause or for any misconduct under the standing orders. in case of retrenchment, you will get retrenchment compensation of 15 days for every year work. Further, retrenchment can only be done in reverse order of which means they can retrench you only after they have retrenched others who have joined after you.
From India, Mumbai
Dear Sri,
I assume you have not yet submitted your resignation letter.As you are Manager, you will not be entitled to any relief / compensation which otherwise a workman could claim under Labour Laws, like Retrenchment Compensation etc. Please read carefully , the Terms and conditions of your appointment letter, that are basis to discontinue any management staff and vice versa.
Best wishes,
RDS Yadav
Director-Future Instt.of Management and Technology
Labour Law Advior
navtaranghrs@gmail.com
From India, Delhi
I assume you have not yet submitted your resignation letter.As you are Manager, you will not be entitled to any relief / compensation which otherwise a workman could claim under Labour Laws, like Retrenchment Compensation etc. Please read carefully , the Terms and conditions of your appointment letter, that are basis to discontinue any management staff and vice versa.
Best wishes,
RDS Yadav
Director-Future Instt.of Management and Technology
Labour Law Advior
navtaranghrs@gmail.com
From India, Delhi
The above retrenchment compensation is applicable in case you fall within the scope of Industrial Disputes Act. Your designation 'manager' is not important but your nature of work is. If you are working in a managerial/ supervisory capacity i.e. you have subordinates under you, you can sanction leave, you can issue charge sheet/ show cause, you have authority to sign important documents etc. then you won't come under the Industrial Disputes Act.
From India, Kolkata
From India, Kolkata
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