Hi,
I have been a part of an Indian software company for 5.4 years. The company is planning to shut down many branches for cost-cutting and will be terminating staff within 2-7 days. Despite my good productivity, HR has approached me to resign. I currently hold the position of Senior Support Engineer and am a permanent employee in this organization. On 29 August 2017, HR requested my resignation. Initially, I was willing to resign with compensation, but they have now decided to terminate my employment.
Here is a summary of the claims I have made:
1. I requested the company to pay me two months' salary for the notice period, but they are offering only two months' basic salary.
2. I am entitled to a full festival bonus of Rs. 24,000 as this is a part of my salary; however, the company is providing the bonus on a pro-rata basis for the period from 1st Nov 2016 to 31st Oct 2017.
3. I should receive 7 months' Performance Linked Incentives as it is a part of my salary (April 2017 to Oct 2017).
4. Gratuity should be paid until 31 Oct 2017.
5. I have requested leave encashment, but as per the company's policy, employees who are asked to resign or terminated are not eligible for leave encashment.
Please advise if I have grounds to file a case against the company in the Labour Court. Additionally, I would like to know if it is appropriate to utilize social media platforms to share my experience regarding the actions taken by the company.
Thank you.
From United Kingdom, undefined
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I have been a part of an Indian software company for 5.4 years. The company is planning to shut down many branches for cost-cutting and will be terminating staff within 2-7 days. Despite my good productivity, HR has approached me to resign. I currently hold the position of Senior Support Engineer and am a permanent employee in this organization. On 29 August 2017, HR requested my resignation. Initially, I was willing to resign with compensation, but they have now decided to terminate my employment.
Here is a summary of the claims I have made:
1. I requested the company to pay me two months' salary for the notice period, but they are offering only two months' basic salary.
2. I am entitled to a full festival bonus of Rs. 24,000 as this is a part of my salary; however, the company is providing the bonus on a pro-rata basis for the period from 1st Nov 2016 to 31st Oct 2017.
3. I should receive 7 months' Performance Linked Incentives as it is a part of my salary (April 2017 to Oct 2017).
4. Gratuity should be paid until 31 Oct 2017.
5. I have requested leave encashment, but as per the company's policy, employees who are asked to resign or terminated are not eligible for leave encashment.
Please advise if I have grounds to file a case against the company in the Labour Court. Additionally, I would like to know if it is appropriate to utilize social media platforms to share my experience regarding the actions taken by the company.
Thank you.
From United Kingdom, undefined
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I will tell you what you are eligible for, for sure. If you don't get it, you can surely lodge a complaint at the labor office. Two months' basic salary, gratuity till your last working day (i.e., for 6 years, 5 for sure), bonus till your last working day, and leave encashment for all the earned leave including this year's leave on a prorated basis.
As far as incentives are concerned, employers usually don't give incentives to leaving employees, stating that it's for retention. However, if it's on a monthly/performance-based basis, they should have paid you monthly. Still, give it a try; you may get it only till your last working day. Don't expect more than that.
From India, Pune
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109As far as incentives are concerned, employers usually don't give incentives to leaving employees, stating that it's for retention. However, if it's on a monthly/performance-based basis, they should have paid you monthly. Still, give it a try; you may get it only till your last working day. Don't expect more than that.
From India, Pune
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