Corporate - software company
9 months ago
Currently i am working in software company based in gandhinagar gujrat. I am working here from 4 months and they have a contract with me for 2 years but they said they are going to layoff me.
A.Dear client,
To get your complaint resolved, you must give legal notice to your employer or company and file a complaint against them with the relevant Labour Commissioner. If you fail to do so, you may file an application pursuant to I.D. Act section 333C(2) before the relevant Labour Court, requesting the full amount due as compensation for an illegal layoff. You can get in touch with our legal team and provide them with all the necessary paperwork if you require any legal services or assistance in this regard.
To get your complaint resolved, you must give legal notice to your employer or company and file a complaint against them with the relevant Labour Commissioner. If you fail to do so, you may file an application pursuant to I.D. Act section 333C(2) before the relevant Labour Court, requesting the full amount due as compensation for an illegal layoff. You can get in touch with our legal team and provide them with all the necessary paperwork if you require any legal services or assistance in this regard.
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A.Dear Client,
Chapter V-B of the Industrial Disputes Act, 1947 defines the special provisions regarding lay-off, and Section 25M deals with the prohibition of lay-off by the employer. An employer must mandatorily comply with the provisions of Section 25M of the Act and must take prior permission from the appropriate government or any special authority before laying off any employee or workman (other than badli or casual workers) whose name is listed on the muster roll. It is to be noted that this applies to industrial establishments that are not seasonal and consist of more than 100 workmen/employees. Compensation is provided to laid-off employees/workers for all days during which they are laid off, save for weekly holidays, according to Section 67 of the Industrial Relations Code. The amount of compensation will be equal to half or 50% of the total (basic salary + dearness allowance). So, in view of the above provision of law regarding laid-off, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law if you are laid off from the work that will be termed as unfair labor practice. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.333C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal laid off. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
Chapter V-B of the Industrial Disputes Act, 1947 defines the special provisions regarding lay-off, and Section 25M deals with the prohibition of lay-off by the employer. An employer must mandatorily comply with the provisions of Section 25M of the Act and must take prior permission from the appropriate government or any special authority before laying off any employee or workman (other than badli or casual workers) whose name is listed on the muster roll. It is to be noted that this applies to industrial establishments that are not seasonal and consist of more than 100 workmen/employees. Compensation is provided to laid-off employees/workers for all days during which they are laid off, save for weekly holidays, according to Section 67 of the Industrial Relations Code. The amount of compensation will be equal to half or 50% of the total (basic salary + dearness allowance). So, in view of the above provision of law regarding laid-off, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law if you are laid off from the work that will be termed as unfair labor practice. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.333C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal laid off. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
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