• Compensation query

Dear Madam/Sir,

My employment with the Company may be terminated by either party by giving ninety (90) days’ written notice or three (3) months’ gross salary in lieu thereof. But suddenly, our company is withdrawing their operation from West Bengal due to some internal issues. In West Bengal currently the job market is very vulnerable specially for Alcohol beverage Industry. My question is, now they are saying they will give us 3 months salary only. We have our families and they are solely dependent on us. Can we ask them to compensate us with One year salary ? So that we can startup with our own.

Regards,

Sankha Shubhra Ghosh
Asked 7 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

1. There is no job security in any company if the company does not operate or decides to terminate the employment of one person nothing could be done to ensure his job.

2.You should feel lucky that you are getting salary of 3 months .If he simply vanishes from WB and would give nothing then you had to make more expenses to recover this money from court.

3. So take the money and search of new job. There is no other option.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) you would be entitled to 3 months as per terms of your appointment letter

2) you have not mentioned what is your deisgnation in the company

3) do you fall within defintion of workmen ?

4) if you are workmen you would be entitled to 15 days salary for every year of completed service

5) section 25F of induistrial disputes act provides

No workman employed in an industry who has been in continuous service for not less than one year under an employer, shall be retrenched by the employer until

(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired or the workman has been paid in lieu of such notice wages for the period of the notice:

Provided that no such notice shall be necessary, if the retrenchment is under an agreement which specifies a date for the termination of service;

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to 15 days' average pay for every completed year of service or any part thereof in excees of six month

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

company has to pay gratuity to employees who have completed 5 years of service

2) payment of gratuity act is applicable to workers employed in every factory, shop & establishments or educational institution employing 10 or more persons on any day of the proceeding 12 months.

3) The amount of gratuity payable shall be at the rate of 15 days wages based on the rate of wages last drawn, for every completed year of service. The maximum amount of gratuity payable is RUPEES TEN LAKHS.

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

My question is, now they are saying they will give us 3 months salary only. We have our families and they are solely dependent on us. Can we ask them to compensate us with One year salary ? So that we can startup with our own.

You may not be eligible to claim anything beyond the terms and conditions of the employment.

besides the three months salary, the company may settle the full and final settlement with compensation for the un availed earned leaves,PF amount and the gratuity if eligible.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

What should be our line of action ? How can we approach for atleast one year compensation?

What is the basis that you think you can make this claim

You have not given the details of your employment or whether the company has laid off or retrenched etc.

With very vague details, it can be opined that your claim may not be maintainable.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer