forced retrenchment after serving notice
1 year ago
Hi, as per the appointment letter i am serving 60 days of nnotice period however now my company wants to leave after 30 days on the basis of the following condition of the appointment letter: Either Party may terminate the Employee’s employment upon written notice to the other Party. The termination would be effective after 60 days from the date of the receipt (by the other Party) of such notice (hereinafter referred to as the “Notice Period”). Alternatively, the Company may terminate the Employee’s employment with immediate effect, upon giving the Employee salary in lieu of notice or pro-rated salary for the balance Notice Period in case the Employee has been permitted to work during the Notice Period. In case the Employee has given a notice to resign or terminate Employee’s employment or resign from services, the Employee is expected and required to diligently serve the entire notice period. However, in such a resignation situation, the Company may, at its sole discretion, without being obligated to do so, (i) require the Employee to leave service at any time during the notice period without any payment for the balance unexpired portion of the notice period or (ii) upon Employee’s request allow Employee to leave service during the notice period only upon Employee making payment to the Company in the form of damages for breach, the amount equivalent to Employee’s salary for the balance unexpired portion of the Notice Period. What can i do in this matter, what remedies are available to me.
You may approach office of Commissioner of Labor as follows:
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The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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.]
Since you are already serving your notice period it doesn't make a difference if you end your work a month earlier. According to the conditions the company can do the same and you will have to adhere to the same. You can always consult a lawyer near you to better understand your situation.
Thank you so much, I hope this answer helped you.
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