• On VRS scheme

Sir I am an employee of an MNC company my company anounce a EVRS scheme in October 2019 and company urged me to take evr other vice we will dismiss you from company for lwp and I signed the evr January month that effect from April 2020 financial year because of tax benefits meanwhile company anounce a another evrs scheme in this month the amount will be increased can I get that money ... Because I also taken vrs in 2020 financial year and another part is I have not received of gruduity amount till this date because I have not signed some documents please give me a valuable suggestions
Asked 5 years ago in Labour

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14 Answers

You will not be extended that scheme  will you already taken other scheme. You need to approach court for the same. Gratutity is another issue 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

You would get VRS amount as per agreement signed by you in January 

 

you would not get enhanced amount as per latest scheme 

Ajay Sethi
Advocate, Mumbai
99794 Answers
8147 Consultations

1. In the instant case, the moot point to be considered is whether you were already relieved from the services of the company as on the date of announcing another EVRS or not.

2. Assuming that you were relieved from the company before the new EVRS came into force, then to stake a claim for the enhanced benefits, is there anything on record to prove that you were forced to avail EVRS?. If yes, then you have a case in your defense.

3.  Another point is if you had not received the benefits of EVRS, as on the date of announcement of new EVRS, then legally you can fight it out.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes you can take thjs latest one scheme 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. See you had already opted for the previous scheme therefore in general you may not get benifit of the scheme though the terms and condition of the scheme can be seen to see whether you can avail benifit of subsequent scheme or not.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi 

1) Surprised that your company has been permitted to extend to VRS schemes within a span of 12 months as it is contrary to labour and contract law.

2) If your present EVRS is to take effect from April 2020, then in all probability , you can opt for the present EVRS , given the fact that there are 2 VRS schemes announced within a span of 12 months. 

3) If your company is not permitting you to transpose from EVRS2019 to EVRS 2020, you should approach the District Court / Appropriate Labour Court 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Dear Sir,

The company cannot change the scheme without giving the benefits of second scheme. Request for second scheme if not cooperated then approach the labor commissioner. So also as per followings any such schemes are invalid if the indirectly remove you from service. You can even withdraw from VRS scheme if not beneficial to you.

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https://labour.gov.in/advisories-covid-19

EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT

Employment Lawsfor Multinational Companies in India

https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

 

Section 12 in The Industrial Disputes Act, 1947

  1. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

If you remember, the financial year ending has been increased upto Jun 2020 and further you are suggested to complete the signing of the documents in order to authenticate your claims. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As per rule , EVRS scheme is a method used by companies to reduce surplus staff.

- Further , this scheme is applied to an to an employee who has completed 10 years of service or is above 40 years of age

- Since , you have already accepted the scheme announced in October,2019 after dully signed the offer/scheme letter , hence you cannot take the benefit another announced scheme legally.

-  However, since you have not signed complete documents required for availing this scheme ,and further also have not received gratuity amount , hence the said agreement has not enforced which was signed by you in January. Hence you can opt for another announced scheme .

- You should give a written application for availing another new announced scheme to the management of the company. 

- If refused, then you can file a complaint before the court .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

VRS can be withdraw till not accepted,now not possible. Whether you are entitle to new scheme or not, Depends on provisions of new scheme launched.

Like this scheme will apply on EVRS from and of EVRs of which date. Your date of application is previous to this scheme so company may give you benefit as per old scheme.

But since benefits are not yet release, so you can try by requesting them or through court if refused.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The company will be announcing various schemes  at different period or periodical intervals.

You cannot claim the benefits of the latest one by one.

You have submitted VR on the basis of the scheme announced at that time, hence you will be governed by tht only, your claim for the benefits under the new scheme may not be entertained by the company and no case in the court in this regard also would be maintainable.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

You can claim increased amount of VRS as it was forced.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

VRS applies to employees who have completed 10 years of service. you can get vrs amount as  per your agreement. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You will be entitled to the EVRS scheme which was in existence on the date on which your EVR was accepted.

2. For a better understanding the EVRS scheme has to be perused to decide whether you can avail its benefit or not.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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