Good Evening Seniors,
My name is Lalitha and working as Manager HR from 2.5 yrs. Our company is 100 employed and we are into Software development and implementation. Recently i.e. last friday 28th Feb, 2009 we laid off 20 of our employees without any notice. But we assured them that in lieu of notice period, we will pay them one month salary.
I have a small doubt as I didn;t work on such these type of issues earlier, like my management is planning to keep all the 20 employees in our payroll till March 31st and pay them their salary but their last working day would beFeb 28th. I have a suggestion for them is as anyhow they are going to be in our payroll by 31st march and how about relieving them on the same date without working for the month. Is there will be any legal issue by doing this.
Please clarify my doubt as I need rap up this thing by tomorrow itself.
Thanks & Regards,
Have a nice day
Lalithaj:)
From India, Hyderabad
1My name is Lalitha and working as Manager HR from 2.5 yrs. Our company is 100 employed and we are into Software development and implementation. Recently i.e. last friday 28th Feb, 2009 we laid off 20 of our employees without any notice. But we assured them that in lieu of notice period, we will pay them one month salary.
I have a small doubt as I didn;t work on such these type of issues earlier, like my management is planning to keep all the 20 employees in our payroll till March 31st and pay them their salary but their last working day would beFeb 28th. I have a suggestion for them is as anyhow they are going to be in our payroll by 31st march and how about relieving them on the same date without working for the month. Is there will be any legal issue by doing this.
Please clarify my doubt as I need rap up this thing by tomorrow itself.
Thanks & Regards,
Have a nice day
Lalithaj:)
From India, Hyderabad
Dear Lalithal,
It seems that you have wrongly mentioned the date as 28.03.2009. In case of laid off there is no question of giving one month notice. You are covered under Industrial Disputes Act,1947 & therefore you are advised to go through the provisions of lay off under this Act & take action accordingly.
regards,
R.N.Khola
Sr.Associate
Skylark Associates, Gurgaon(Haryana)
From India, Delhi
It seems that you have wrongly mentioned the date as 28.03.2009. In case of laid off there is no question of giving one month notice. You are covered under Industrial Disputes Act,1947 & therefore you are advised to go through the provisions of lay off under this Act & take action accordingly.
regards,
R.N.Khola
Sr.Associate
Skylark Associates, Gurgaon(Haryana)
From India, Delhi
hai,
for statutory requirement we have to give notice period compulsorily and also retrenchment benefit should be given as per your laid down company policy if any and as per the offer letter terms.
Lakshminarayanan
From India, New Delhi
for statutory requirement we have to give notice period compulsorily and also retrenchment benefit should be given as per your laid down company policy if any and as per the offer letter terms.
Lakshminarayanan
From India, New Delhi
Lalithaj or the employer has combined the lay off with retrenchment. I understand that the attempt is not to lay off the 20 employees but to retrench them paying one month notice/ salary in lieu of notice. Since the establishment had employed 100 employees the chapter V B of the ID Act will apply and if so, prior permission from the government is required either to lay off or retrench the employees. Notice declaring lay off or retrenchment shall be simultaneously served both to the government and the employees concerned. Therefore, there is no possibilities of holding their last working day as 28th Feb, a date earlier to the actual date of laying off/ retrenchment.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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