90,000+ Legal Questions Answered
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 Client withdrawn the work, so company had given notice for 2 months verbally, and asked us to leave.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
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
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
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
Helpful
Helpful
Share
A.Dear Sir
You can raise the issue with Labor Commissioner under section 12 of I D Act
You can raise the issue with Labor Commissioner under section 12 of I D Act
Helpful
Helpful
Share
Read Related Answers
Termination
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Shift Allowance
Dear Client,
If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location