Severance Package Severance Package

3 years ago

Hello, I work with a private firm in Hyderabad. Due to covid -19, they asked to serve one month notice period and leave. It was informed that employees who have been with the organization for more than a year would get 15 days of Severance Package and Rs.10,000. We have asked to extend it to 3 months and would serve the organization for the next 3 months due to market situation as no employers are hiring at the moment. Any suggestions or advice on what to do

Pradeep Naik

Responded 3 years ago

A.My advice to you is that you should leave the firm and prepare for getting another job, because it's a private firm and I am sure that they would have deliberately designated you above the class of "workman" so that the Labour Laws could not apply in your case. Furthermore even if labour laws apply to you, it's a lengthy process. As far as I know there isn't any binding order from Telangana government against the termination of private sector employees. You can try negotiation with the firm but if they don't agree then better you leave.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.As per the Telangana S&E act, 1860, the company must give a month's salary, failing which you may approach labour inspector.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.As per the Telangana S&E act, 1860, the company must give a month's salary, failing which you may approach labour inspector.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.You will get all the benefits if you approach the labor commissioner. See the following provisions of law and also visit the link containing central govt circulars. Please give me Rank 5 if you feel my answer helped you.
========================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
========================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconResigned without serving notice period
Dear Client, Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a brea...
question iconData Deleted from the company laptop upon resignation
Dear Client, Misappropriation with the employers/company's property makes you liable to face legal consequences including termination from service apart from claiming damage to the company's database....
question iconGovernment employee and private limited companty
Dear Client, As per Rule 43 of Kerala Government Servant Conduct Rules, 1960, (a) No Government servant shall speculate in investments. For this rule, the habitual purchase and sale of securities of n...
question iconemlpoyment
Dear Client, Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breac...
question iconLeave policy under labour law Karnataka shops and establishment act of 1956
Dear Client, Leave policy or rule varies on the applicability of an Act applicable to a particular establishment or organization. Under the Factories Act, 1948, one day of leave for every twenty days...