• Employment Termination.

Hi All,

I would like to seek your advice before i reach any lawyer for my Employment termination without valid reason.

I was working with my company since 2008, in 2014 i was promoted as software Development Manager.

On 12th of December 2016 My Director(Head of India), HR, and my R&D VP called me in the room and asked me to resign immediately and on the same day will be my last working day, 3 months severance will be paid. I asked the reason in the room they said business is not doing good and it's not based on my performance since i was the best employee and had received 2 awards this year, my last award was on October 21st 2016.

also not based on the high salary

Story began here,

The company was divided into two parts in 2013 November and my India head had choice to chose which side he want to go and also had choice to take any employees who he want to be part of his company and he chose the best employees and i was the one of them.

actually i wanted to be part of another company but had no choice i went behind him having big dreams that in small company we will have chance to grow faster. from 2014 My director has started creating redundant positions and start filling it.

I was loyal to the company and was doing good at my work in return whole company employees voted me and recognized as Employee of the year, i received this award in 2014 as Employee of the Year 2014.

in 2015 my director has created Position called Associate director and i was the eligible candidate for the position and i approached him and asked and he denied and he brought his friend to that position and asked me to report him. i was not happy with his move but had no choice i started reporting him.
i continued working hard and proved that i am still the best in this year and i received 2 awards this year.


I don't know the reason told me to terminate my employment does not looks legal to me.
and i asked 11.8 months salary as severance because i am serving this company since 8.8 years and the notice period is 3 months( this policy we had in half of my other company and he took me from there)

Now he is not ready to pay severance of 11.8 months, even if i go by ID act 1961 labour law i should get 8 months severance plus bonus since they terminated in the december, gratuity and leave encashment but He just want to pay only 3 month salary and gratuity as severance.

please advice what should i do now.

Regards
Basheer Ahmed.
Asked 7 years ago in Labour

Answer received in 1 hour.

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1 Answer

1)you were working in the organisation as software development manager

2) you do not fall within the definition of workmen

3) A 'workman', as per the statute, is any person employed in an industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. The definition however excludes an employee employed in the managerial or administrative capacity; or in a supervisory capacity drawing wages exceeding INR 10,000 per month

4) you are not entitled to 11.8 months salary as sevarance pay

5) you would be entitled to 3 months sverance pay , gratutiy etc

Ajay Sethi
Advocate, Mumbai
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