What is the notice period for retrenchment of workman? in 25 F (industrial dispute act 1947) given 1 month whereas in 25 N it is given 3 months.
From India, Mumbai
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From India, Mumbai
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Dear Devanand,
The one-month notice mentioned in Section 25-F is one of the conditions precedent to the retrenchment of workmen in general. The three months' notice under Section 25-N is one of the conditions precedent to the retrenchment of workmen employed in any industrial establishment to which Chapter V-B of the Industrial Disputes Act, 1947 is applicable, i.e., which has a strength of not less than 100 on average during the preceding 12 months.
From India, Salem
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6185The one-month notice mentioned in Section 25-F is one of the conditions precedent to the retrenchment of workmen in general. The three months' notice under Section 25-N is one of the conditions precedent to the retrenchment of workmen employed in any industrial establishment to which Chapter V-B of the Industrial Disputes Act, 1947 is applicable, i.e., which has a strength of not less than 100 on average during the preceding 12 months.
From India, Salem
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Sir, my company partially paid my salary for August 2018 on 10th September 2018. After that incident, I tried to contact them over the phone, but they haven't replied. I then emailed them with all the details of that salary transaction to notify them of the issue. However, I haven't received any reply from them. After waiting for 7 days, I wrote them a second email on 18th September 2018. Neither have they paid me the rest of the salary nor replied.
Under these circumstances, I sent them my resignation letter on 27th September, clearly stating that I took this action due to the nonpayment issue. Sir, my question is, can they force me into any notice period, and how can I obtain my relieving letter from them.
From India, Kolkata
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Under these circumstances, I sent them my resignation letter on 27th September, clearly stating that I took this action due to the nonpayment issue. Sir, my question is, can they force me into any notice period, and how can I obtain my relieving letter from them.
From India, Kolkata
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Dear friend,
You may very well treat this as my reply to your private message to me also. Normally employers won't delay the disbursement of salaries to their employees. Still, such unfortunate practice happens, which means that the company is in some financial problems. Certainly, it would be a breach of the contract of employment on the part of the employer that cannot be countenanced by the employee either on and off or indefinitely. No doubt that the inevitable retaliation on the part of the employee to terminate the contract of employment by means of immediate resignation on this score can lend some contextual justification.
In my opinion, the conventional belittlement of an individual employee in practice would require some degree of caution when he unilaterally terminates the employment contract without complying with the notice conditions of exit for the simple reason, after all, if he is going to get reemployed elsewhere. All employers are alike towards sensitive employees. Your present employer, despite his own non-compliance, may stick to the legal stand and refuse to relieve you formally as there is non-compliance of notice condition before your resignation, and it can be a negative feedback in the BGV of your future employment.
My suggestion, therefore, would be to handle the situation tactfully without making a dent in your future employability. First, withdraw your resignation submitted earlier and request your employer to expedite payment of your pending salary. If it is done immediately, that is fine. Still, you can implement the decision of resignation in any of the following ways:
a) Submitting your resignation effective from a future date with due compliance of notice conditions if your salary disbursement becomes timely.
b) If not, you can resign with a specific mention that the unpaid salary may be adjusted against notice salary payable by you and working till the expiry of the notice period.
From India, Salem
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You may very well treat this as my reply to your private message to me also. Normally employers won't delay the disbursement of salaries to their employees. Still, such unfortunate practice happens, which means that the company is in some financial problems. Certainly, it would be a breach of the contract of employment on the part of the employer that cannot be countenanced by the employee either on and off or indefinitely. No doubt that the inevitable retaliation on the part of the employee to terminate the contract of employment by means of immediate resignation on this score can lend some contextual justification.
In my opinion, the conventional belittlement of an individual employee in practice would require some degree of caution when he unilaterally terminates the employment contract without complying with the notice conditions of exit for the simple reason, after all, if he is going to get reemployed elsewhere. All employers are alike towards sensitive employees. Your present employer, despite his own non-compliance, may stick to the legal stand and refuse to relieve you formally as there is non-compliance of notice condition before your resignation, and it can be a negative feedback in the BGV of your future employment.
My suggestion, therefore, would be to handle the situation tactfully without making a dent in your future employability. First, withdraw your resignation submitted earlier and request your employer to expedite payment of your pending salary. If it is done immediately, that is fine. Still, you can implement the decision of resignation in any of the following ways:
a) Submitting your resignation effective from a future date with due compliance of notice conditions if your salary disbursement becomes timely.
b) If not, you can resign with a specific mention that the unpaid salary may be adjusted against notice salary payable by you and working till the expiry of the notice period.
From India, Salem
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I may add, It's open for him to decide what suits him in the circumstances - I doubt his appointment letter (the contract agreement here) would contain a termination clause. In this case, his resignation. In any case, 'one month of notice' on either side is reasonable. He has not indicated whether only he was short paid/unpaid or everyone in the company was paid/unpaid like this. If it is for everyone, he may have a case for himself. And what are the pluses in continuing the service with them? How many years already served, what are his prospects outside? Few suggestions, if prudent, may be considered -
1. He may, instead of withdrawing the resignation, issue another letter stating, non-payment/short payment being a breach, his resignation may be treated as due notice without prejudice to his rights in order to fulfilling the obligation of notice period if at all he wishes to press for a resignation;
2. I hope he still has not received any communication on his resignation countering the action and therefore, the notice period has started ticking;
3. In order to sail smoothly, he should talk to his HoD/HR to ascertain the facts and to explain the circumstances (I believe he is otherwise satisfied in this company) based on which he may decide on the next course of action;
4. If he already has an offer outside and when these fail and reached a no return situation, he should send a legal notice to secure his position.
From India, Bangalore
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1. He may, instead of withdrawing the resignation, issue another letter stating, non-payment/short payment being a breach, his resignation may be treated as due notice without prejudice to his rights in order to fulfilling the obligation of notice period if at all he wishes to press for a resignation;
2. I hope he still has not received any communication on his resignation countering the action and therefore, the notice period has started ticking;
3. In order to sail smoothly, he should talk to his HoD/HR to ascertain the facts and to explain the circumstances (I believe he is otherwise satisfied in this company) based on which he may decide on the next course of action;
4. If he already has an offer outside and when these fail and reached a no return situation, he should send a legal notice to secure his position.
From India, Bangalore
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx