Retrenchment-global company with employee strength Retrenchment-global company with employee strength

1 year ago

I work for a global company with employee strength of 500+ people in Pune. They announced retrenchment globally including India. Our local HR is not sympathetic to employees who are working from many years. They are planning to forced resignations for 100 people with minimum severance by giving threat of termination. We group of people think that we should get 1 month salary per year as the compensation. If they terminate what should we do? We understand as per law IDA 25F Employer need to give 15 days per year, but IDA 25G says LIFO principle also need to follow. So if employer follows IDA 25F and ignore IDA 25G, because they wanted to retain selected people, can we fight for this?

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

The corporate's mainly MNC's using strategy of hiring and firing of its employees without any reason. You may approach labor court or High Court.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
Since you all work in a private firm wherein the relationship between the employer and employee is governed by employment contract and you will not be covered under the ID Act. It is suggested that you all should together give a representation to the Labour Officer. Else you will have to fight the matter legally in court of law for wrongful termination.
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Anik

Responded 1 year ago

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A.Dear Client,
Under the IRC, termination for any reason other than disciplinary action will be treated as Retrenchment, which requires a months’ written notice period. This notice period must stipulate the reason for retrenchment. With the retrenchment being done, compensation must be equal to 15 days of average pay for every completed year of continuous service. Therefore, it must be noted that the employee has the right to certain payments, as per the IRC, or the employment contracts, as the case may be.
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