Illegal termination
1 month ago
Sanofi India Ltd sold cardio division to Empcure Pharma and told 224 employees to join this empcure vd frsh appointment+ 12 months advance salary OR quit the job by taking 18 months AFC annual fix compensation but 12 employees did not join and demand Sanofi to retain them on Sanofi payroll ,so Sanofi terminated them with paying 18 month AFC. is this step by Sanofi is illegal under IDA 1947.
Sanofi's termination action violates the Industrial Dispute Act, 1947, specifically Sections 25F and 25N, which mandate conditions for termination or retrenchment. Termination without notice constitutes illegal termination and qualifies as an industrial dispute under Section 2A of the Act. Employees terminated unlawfully can directly raise an industrial dispute before the Industrial Tribunal or Labor Court within three years of termination. If you're classified as a workman under Section 2(s) of the Act, you should serve a legal notice to the company and then raise an industrial dispute with the State Government Industrial Tribunal. However, if you hold a managerial position, you should file a civil suit in the Civil Court for appropriate relief.
A.Dear Client,
Yes, the step adopted by Sanofi is illegal and unjustified under IDA 1947 for non-compliance with the mandatory provisions of Sec.25F & 25N of the Act. 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 provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employees/workmen can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, if you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team to navigate the issue in the right way.
Salary to scheme issue
Car owner ship transfer
SRA property buying
Forgery of my signature
Sale of Property
