On 14th June 2018, I received an email regarding the termination of my current work as the current client had shut down the project. I was surprised to learn that the same company, under the same name, had acquired another project in Patna Smart City. I was wondering about the termination process in such a scenario. Despite the termination, I accepted the letter promptly and responded that I had not been paid my salary for the last 9 months and my reimbursement for 22 months. I received replies regarding three months' salary on 14th, 15th, and 22nd June. It came to my attention that this company had acquired many projects under the Spanish name EPTISA SERVICIO DE INGENIERIA S.L. I offered to work anywhere within the company but my offer was completely disregarded.
Even though I am just a B.E. Graduate, I had been working as a Project Engineer with several Construction Supervisors reporting to me. Due to some unfavorable company policies, over 100 individuals were terminated, leading to negative consequences for others. After discussing with colleagues, I learned that many did not receive their full and final payments on time, and some did not receive the amount they were owed. Therefore, I decided to hold off on pursuing other job opportunities until I receive all my payments.
I have some legal questions regarding the situation:
1. In the case of termination by a private firm that is not in debt but has other projects, what is the maximum settlement according to Indian Labour Law?
2. I served in this company from 1st April 2015 to 13th July 2018, and I'm currently serving my notice period. There are still 7 months' worth of salary and 23 months of reimbursement pending. My P.F. is up to date. What legal actions can I take under Indian Labour Law?
3. How many earned leaves can I claim according to Indian Government rules?
4. In the case of retrenchment, is the principle of First In, Last Out followed, and what compensation is entitled as per Indian Labour Law?
5. What are the requirements for producing a NO DUES Certificate for employees at the corporate office as per Indian Labour Law?
I would appreciate your assistance in clarifying these matters.
From India, Patna
Acknowledge(0)
Amend(0)
Even though I am just a B.E. Graduate, I had been working as a Project Engineer with several Construction Supervisors reporting to me. Due to some unfavorable company policies, over 100 individuals were terminated, leading to negative consequences for others. After discussing with colleagues, I learned that many did not receive their full and final payments on time, and some did not receive the amount they were owed. Therefore, I decided to hold off on pursuing other job opportunities until I receive all my payments.
I have some legal questions regarding the situation:
1. In the case of termination by a private firm that is not in debt but has other projects, what is the maximum settlement according to Indian Labour Law?
2. I served in this company from 1st April 2015 to 13th July 2018, and I'm currently serving my notice period. There are still 7 months' worth of salary and 23 months of reimbursement pending. My P.F. is up to date. What legal actions can I take under Indian Labour Law?
3. How many earned leaves can I claim according to Indian Government rules?
4. In the case of retrenchment, is the principle of First In, Last Out followed, and what compensation is entitled as per Indian Labour Law?
5. What are the requirements for producing a NO DUES Certificate for employees at the corporate office as per Indian Labour Law?
I would appreciate your assistance in clarifying these matters.
From India, Patna
Acknowledge(0)Amend(0)
Dear friend,
From your narration, your position as a Project Engineer is of a supervisory nature, and I presume your monthly salary would certainly be more than Rs. 10,000. If this is correct, you fall outside the definition of the term "workman" under section 2(s) of the Industrial Disputes Act, 1947. Consequently, you cannot seek any remedy under the Act for your employment grievances.
If your monthly salary is only Rs. 24,000 or less, you can initiate recovery proceedings for all your pending dues, such as unpaid salary and leave salary, under section 15(1) of the Payment of Wages Act, 1936.
It is evident from your post that you are currently in your notice period due to the unilateral termination of the contract of employment by your employer. Without reviewing the entire employment contract, it is challenging to provide you with suitable answers regarding the reasonableness of the employer's cited reasons or the manner in which you were let go.
Therefore, if you feel aggrieved and agitated, I recommend that you patiently wait until you are formally relieved and then consider filing a Civil Suit against your employer. This legal action would be for damages resulting from the breach of the employment contract and the recovery of due amounts with interest.
My practical suggestion to you would be to try to obtain your dues through persuasion rather than resorting to time-consuming legal measures.
From India, Salem
Acknowledge(0)Amend(0)
6185From your narration, your position as a Project Engineer is of a supervisory nature, and I presume your monthly salary would certainly be more than Rs. 10,000. If this is correct, you fall outside the definition of the term "workman" under section 2(s) of the Industrial Disputes Act, 1947. Consequently, you cannot seek any remedy under the Act for your employment grievances.
If your monthly salary is only Rs. 24,000 or less, you can initiate recovery proceedings for all your pending dues, such as unpaid salary and leave salary, under section 15(1) of the Payment of Wages Act, 1936.
It is evident from your post that you are currently in your notice period due to the unilateral termination of the contract of employment by your employer. Without reviewing the entire employment contract, it is challenging to provide you with suitable answers regarding the reasonableness of the employer's cited reasons or the manner in which you were let go.
Therefore, if you feel aggrieved and agitated, I recommend that you patiently wait until you are formally relieved and then consider filing a Civil Suit against your employer. This legal action would be for damages resulting from the breach of the employment contract and the recovery of due amounts with interest.
My practical suggestion to you would be to try to obtain your dues through persuasion rather than resorting to time-consuming legal measures.
From India, Salem
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Watch out for arrogance index in your firm.pdf
Termination letter.doc