Hi
I joined this organization on 24th oct 2013 and now on 11th dec 2013 that project is short close and employment shall stand terminated after 31st dec 2013.
So i havent even being there for 2 months and they are laying us off. Nov month salary is not paid till date.
i wanted to know is the company liable to give notice 1 month in advance in this case?
What legal action can i take against the employeer? I dont have appointment letter only offer letter.
Any advice from experts.
thank you
mohsin shaikh
From India
I joined this organization on 24th oct 2013 and now on 11th dec 2013 that project is short close and employment shall stand terminated after 31st dec 2013.
So i havent even being there for 2 months and they are laying us off. Nov month salary is not paid till date.
i wanted to know is the company liable to give notice 1 month in advance in this case?
What legal action can i take against the employeer? I dont have appointment letter only offer letter.
Any advice from experts.
thank you
mohsin shaikh
From India
What does your employment contract/joining letter say? Does it talk about a notice? Does it say that you can be laid off without notice?
From a practical standpoint, the project is closed and the company has no work for you - so there is not much to gain from banging this door. Yes, your salary should be given and you should fight for it but beyond that, its going to a be a waste of time. Look for another job.
From India, Delhi
246From a practical standpoint, the project is closed and the company has no work for you - so there is not much to gain from banging this door. Yes, your salary should be given and you should fight for it but beyond that, its going to a be a waste of time. Look for another job.
From India, Delhi
HI
Adding to your query, read the terms and conditions of your offer letter. Since the offer is based on a project, there should be clause interns of the tenure of employment or conditions which is related to the project. If any clause mentioned as notice pay or pay for any termination of project could be asked from your employer and they are liable to pay. Secondly, all dues pertaining to your employment has to be paid at any cost and they cant hold it for any reasons (if no charges against you). So check with your HR person and clear all your dues before leaving the company. Legal action is not advisable in this case.
Adding to your query, read the terms and conditions of your offer letter. Since the offer is based on a project, there should be clause interns of the tenure of employment or conditions which is related to the project. If any clause mentioned as notice pay or pay for any termination of project could be asked from your employer and they are liable to pay. Secondly, all dues pertaining to your employment has to be paid at any cost and they cant hold it for any reasons (if no charges against you). So check with your HR person and clear all your dues before leaving the company. Legal action is not advisable in this case.
First of all you should refer to your appointment letter. Generally for candidates who are on probation. One week notice is sufficient. One month notice is required when the employee is confirmed. I would suggest, go in for another job, you should thank God that in such a short time, you could know the company standing. Wish you good luck for new job.
From India
From India
Irrespective of the terms in the letter of appointment the company has violated Sec. 9 - A of the Industrial Disputes Act, 1947. You can approach the Civil Court seeking an Injunction order against the company from closing down. If you are in Bangalore contact me, I can see to it that the company cannot leave its employees in lurch like this, violating our Labour laws.
Regards
From India, Chennai
Regards
From India, Chennai
Don’t just waste your time in unnecessary litigation. It’s better to look for another job.
From India, Mumbai
From India, Mumbai
The law in India governing lay-off is ID Act 1947.This law's benefit is available only to 'workmen' having at least 240 days of service. It is not applicable to any establishment other than factory, mine or plantation.
In the cited case this law is not applicable as you have no service of one year.Is is futile to go for litigation.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
In the cited case this law is not applicable as you have no service of one year.Is is futile to go for litigation.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
I too agree with all the above comments... Go through your offer letter thoroughly then, no point to go for legal action against the employer. But they have give your salary for which you have worked.
satyaak
From India, Madras
satyaak
From India, Madras
I too agree with all the above comments... Go through your offer letter thoroughly then, no point to go for legal action against the employer. But they have give to your salary for which you have worked.
satyaak
From India, Madras
satyaak
From India, Madras
Thank u all for your valuable responses.
I would like to add here that my offer letter says that ' if either party either employee or employeer is leaving they should give 1 month of notice period in writing'.
I spoke to other engginers abt moving to the labour court but they say that if u go to court than company will simply put u in other project to skip the court hassel. What can be done i this case?
Can i ask for more salary if company wants me to work in other project?
From India
I would like to add here that my offer letter says that ' if either party either employee or employeer is leaving they should give 1 month of notice period in writing'.
I spoke to other engginers abt moving to the labour court but they say that if u go to court than company will simply put u in other project to skip the court hassel. What can be done i this case?
Can i ask for more salary if company wants me to work in other project?
From India
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