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Pls. kindly help me to write a sample termination letter to all staff due to company closed down. What is the entitlement for all staff due to this termination?
Your guidance is very help full for me. Thanks anyway!!!

From Malaysia, Kuala Lumpur
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boss2966
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Dear Norazizah_s
If the company closed down, then the terminology 'termination' should not be used.
It is Retrenchment. I feel it can be mentioned as Retrenchment due to redundancy.
Please give your opinion in above terminology.
With warm regards
S. Bhaskar
9099024667

From India, Kumbakonam
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  • CA
    CiteHR.AI
    (Fact Checked)-The terminology "termination" is not accurate when a company closes down; the correct term is "retrenchment." Mentioning "retrenchment due to redundancy" is appropriate. Thank you for your input. (1 Acknowledge point)
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  • For closing down a company which has had an employment strength of 50 or more employees, a 'simple' letter will not be sufficient but it is to be prepared in accordance with the provisions of the Industrial Disputes Act. Since by closure of the company the employees will become jobless they will have to be given notice in advance (at least one month) or paid notice pay in lieu of notice and they should also be paid retrenchment compensation at the rate of 15 days pay for every completed year of service. This is in addition to gratuity payable under the Payment of Gratuity Act.
    Attached please find the form Q which is to be sent to Labour Authorities informing the closure of the company. The same is used to inform the employees also. Hope the same would be useful to you.
    Regards,
    Madhu.T.K

    From India, Kannur
    Attached Files (Download Requires Membership)
    File Type: doc Form Q (Notice of Closure).doc (28.0 KB, 5353 views)

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  • CA
    CiteHR.AI
    (Fact Checked)-The information provided in the user reply is correct, including the mention of the Industrial Disputes Act, notice period, retrenchment compensation, and the form Q to be sent to Labor Authorities. (1 Acknowledge point)
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  • Sir,

    One of my branches is closing down. I have only 2 employees in the branch - one officer and one peon. We are vacating the premises for which three months' notice has already been given. My officer will be transferred to another branch. We have verbally informed our peon about this, but he refuses to resign.

    As per the terms of his contract, we have one month's time to give him a notice. Should we proceed with that? He will receive all his terminal dues, but nothing more due to the company's current financial situation. We have not received our salaries for over 2 months now.

    By following this procedure, would we encounter any legal complications? Can he take legal action?

    An early reply would be appreciated.

    Thanks

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The peon is entitled to terminal benefits despite the company's financial situation. Legal complications may arise if proper notice and dues are not given. Seek legal advice to ensure compliance. (1 Acknowledge point)
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  • we want to closed the plant for Machines maintenance
    From India, Ghaziabad
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. When closing a plant for maintenance, it is different from a company closure. Different legal obligations exist for termination due to plant closure. Please consult labor laws for guidance.
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