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Company forcing to give resignation, what can be done?
24-Apr-2023 (In Labour & Service Law)
I joined MNC in Sep 2013. At the time of joining, the appointment letter stated that Retirement Policy as per Indian Law. The Indian law permits person to work upto 60 years. This year Company circulated new retirement policy which has reduced to 55 years. Due to this, I will have to retire in March 2018 and as a result I would be losing earning opportunity to the extent of 5 years. Query1: I want to know if there is Indian law which can protect the right of individual as per Employment terms and condition agreed between Company and Employee at the time of acceptance. Query2: What would be the cost of legal aid that I have to borne? Query3: Last 3 years, my performance in the company has been satisfactory. In order to uphold the new policy, company may underrate my performance and forced me to tender the resignation. In this scenario, can Indian law protect me from this kind of manipul
A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires government approval; in other sectors, it requires only government notification. Thus, you can approach labour court for the redressal of the same also, reinstatement is not possible as the private sector is governed by the regulations of the employment contract.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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