Verbal notice from Employer, Severance entitlement Verbal notice from Employer, Severance entitlement

5 years ago

Hi Sir,
I was working for a company for 5 years. Client withdrawn the work, so company had given notice for 2 months verbally, and asked us to leave. Company is paying Severance to level 1,2,and 3 employee, however not ready to pay severance to level 4 and above, as saying this is company policy to not to pay at higher level.

Need to understand, can company give verbal notice instead of written to leave the company, where there is no resignation given by employee?

Can a company discriminate among the employee based on their level in the organization, while both the level employee losing the job?

Please guide me.

Ambrose Leo

Responded 5 years ago

A.You have a Complex issue , you can take up the issue with the company under the Act quckly, through an Expert Lawyer from this panel to protect your employment interest
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Ambrose Leo

Responded 5 years ago

A.Company cannot discriminate it is againt the Act & falls under ULP,if you have completed more than 5 years your entitled to gratuity under the Act,better to contact a Professional Lawyer from the panel expert in Labour & Employment and Service matter Lawyer from this panel to take up the issue under the various Act and protect your interest quickly.
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Anonymous

Replied 5 years ago

Thanks for your suggestion.

Gratuity is not an issue, company is ready to pay that, issue is Severance money which they are giving to lower level: 1, 2 and 3 employee, however as I am in level 4 in organization, they are not ready to pay me Severance money saying that this is company policy to not to pay Severance money to level 4 and above employee. Here I need to understand that any company can make such policy to discriminate employee due to the level and not to pay Severance money to mid or higher level employee, however both the level employee is losing job.

Apart from above, I want to understand. Can a company give Verbal notice of 2 months to any employee to leave the organization instead of giving notice in writing.

Regards,
Anshu Shekhar

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Ambrose Leo

Replied 5 years ago

The Company cannot discriminate under the Act, it attracts under ULP.The Company have to give written/mail box etc ,not oral notice.You can contact a Expert in Labour & Employment and Service Matter Lawyer from the panel for taking up the issue with the company.

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Anonymous

Replied 5 years ago

Thank you sir.
I am waiting for my settlement. If they will deny my request on severance amount, will consult further.

Thanks & regards,
Anshu Shekhar

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Ambrose Leo

Replied 5 years ago

Yes,that is the correct stand.

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Anonymous

Replied 5 years ago

Thank you sir.

Regards,
Anshu Shekhar

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Ambrose Leo

Replied 5 years ago

Okey take up the issue for your dues return.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Your question can be answered in the following manner:
What is the average severance package?
The severance pay offered is typically one to two weeks for every year worked but can be more. If the job loss will create an economic hardship, discuss this with your (former) employer. The general practice is to try to get four weeks of severance pay for each year worked.
You are entitled to severance pay upon resignation if:
1. you have ten or more years continuous employment;
2. you give two months notice of termination (or any shorter period as the Employer may agree); and.
3. if the termination is for reasons other than lay-off, abandonment of position, rejection on probation or dismissal.
Can an employer stop severance pay?
A: Generally, no. However, if your employer has contractually agreed to pay severance, it must honor that promise. Otherwise, you can sue for breach of contract.
You can also file under Section 12 in The Industrial Disputes Act, 1947. (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.
Shanti Ranjan Behera
Advocate
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Anonymous

Replied 5 years ago

Thank you sir,

I have worked for this organization for 5 years, and due to client has withdrawn the work from this company, we got verbal notice from this company to leave. They have given notice verbally for 2 month instead of written notice. They are providing the severance money to lower level 1,2,and 3 employee, but denied to give the same money for me as I was working for level 4 in the organization. Severance money which they are paying to lower level is 15 day * number of years served.

I have requested them to give the Severance money to me as well, as I am losing my job too.
I am waiting for the final settlement, if they will not consider my request, then I need to find out the legal option.

Will be in touch with you after my final settlement, if they will not consider my request on Severance money.

Regards,
Anshu Shekhar

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Shanti Ranjan Behera

Replied 5 years ago

Dear Anshu Sekhar,
Get in touch in case of difficulty.
Shanti Ranjan Behera
Advocate

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir
You can raise the issue with Labor Commissioner under section 12 of I D Act
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Anonymous

Replied 5 years ago

Thank you sir for your suggestion. I have requested the company to provide the severance to me as well as they are providing to lower level employees. If they will deny my request and I will not receive the Severance money in the final settlement, will consult with you for further proceedings.

Thanks once again.

Regards,
Anshu Shekhar

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