How to claim the retrenchment package after being laid off?
I have been retrenched by my company without being provided a retrenchment package. Do I have a claim? Please advise.
The procedure of retrenchment has been given under Section 25G of the Industrial Disputes Act. Section 25F of the Act provides mandatory conditions for retrenchment of workers. Any workman working in a firm for 240 days or more in the previous 12 months can in principle claim retrenchment compensation.
So Firstly you need to check whether you fall within the definition of 'workman' as given in Section 2(s) of the Industrial Disputes Act. If you fall within the same then you are entitled to claim retrenchment compensation.
You should send them a legal notice claiming retrenchment compensation within 30 days and if the same is not paid then, you can file a written complaint to the Labour Commissioner under whose jurisdiction your company falls claiming the non-payment of retrenchment compensation as the same shall fall within the definition of "Industrial Dispute".
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Can I file for mutual consent divorce after 5 months of marriage
- How to get a service agreement by an Indian from a foreign company
- House trespassing and forcefully possession what action can i take
- legal remedies to fight a false case of such a nature
- mi 4 phone not repaired for over two months