Dear Viney,
Please talk to your HR manager to understand why notice pay has not been provided when you were terminated by the CEO. If you still believe that your claim is valid, consider sending a simple letter requesting the notice pay via Registered Post and await a response. If there is no reply, then proceed to issue a legal notice through a lawyer.
All the best.
From India, Bangalore
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3Please talk to your HR manager to understand why notice pay has not been provided when you were terminated by the CEO. If you still believe that your claim is valid, consider sending a simple letter requesting the notice pay via Registered Post and await a response. If there is no reply, then proceed to issue a legal notice through a lawyer.
All the best.
From India, Bangalore
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Dear, When did you join in the company? weather you were joined on the probationary period. please clarify.
From India, Secunderabad
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From India, Secunderabad
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Dear All,
I read this post with due interest. I would like to take this opportunity to clarify certain legal aspects.
By the location given in the post, I observed that he is from Bangalore, which falls in Karnataka. Also, from the post, it is clear that Mr. Vinay is employed in an MNC, which I presume is governed by the Shops and Establishment Act of that respective State, which in this case would be the Karnataka Shops and Establishment Act.
I would like to draw the kind attention of worthy members towards Section 39 of the aforementioned Act. Since I am not able to copy from the file, I am attaching the Act PDF for reference. Section 39 states that anybody who is under employment for not less than 6 months under an employer cannot be terminated without giving one month's notice or salary in lieu of, other than in the case of misconduct.
While I say this, its applicability to the present case would come into question as Mr. Vinay is a manager. I would like to draw attention towards the definition of an employee in the Act, which states that except the family members of employees, everybody is an employee. So, he is well covered under this definition.
Section 39 also provides a remedy against the illegal acts of an employer. So, my opinion to Mr. Vinay would be that he should contact the proper authority as given in the Act immediately, and I am sure that he will get justice.
From India, New Delhi
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I read this post with due interest. I would like to take this opportunity to clarify certain legal aspects.
By the location given in the post, I observed that he is from Bangalore, which falls in Karnataka. Also, from the post, it is clear that Mr. Vinay is employed in an MNC, which I presume is governed by the Shops and Establishment Act of that respective State, which in this case would be the Karnataka Shops and Establishment Act.
I would like to draw the kind attention of worthy members towards Section 39 of the aforementioned Act. Since I am not able to copy from the file, I am attaching the Act PDF for reference. Section 39 states that anybody who is under employment for not less than 6 months under an employer cannot be terminated without giving one month's notice or salary in lieu of, other than in the case of misconduct.
While I say this, its applicability to the present case would come into question as Mr. Vinay is a manager. I would like to draw attention towards the definition of an employee in the Act, which states that except the family members of employees, everybody is an employee. So, he is well covered under this definition.
Section 39 also provides a remedy against the illegal acts of an employer. So, my opinion to Mr. Vinay would be that he should contact the proper authority as given in the Act immediately, and I am sure that he will get justice.
From India, New Delhi
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But sec 3(h) of the Act exempt persons holding managerial positions from the purview of the Act. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Mr. Varghese, It says Position of Management not Managerial Positions. Position of Management would be MD or CEO or ED etc.
From India, New Delhi
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From India, New Delhi
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Mr. Mathew has highlighted the ceiling on wages for availability of remedy under the PW Act. However, the remedy is still available to a Manager under the provisions of the S&E Act, other than those Managers who are declared as having ultimate control over the affairs of the establishment under the said Act.
Vasudevan
From India, Mumbai
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Vasudevan
From India, Mumbai
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