Layoff after 18 years of successful service
I have been working with this German multinational successfully since 18 years. The new MD started harassing me 3 years back and changed my office twice from Executive assistant to PA to Ops manager for couple of years and then to Scientific adviser and added travel portfolio to my profile. I work flexibly for half day (at half-day salary) which the previous MD agreed around 3.5 years back. When the new MD was appointed, I showed flexibility to join full day if he wanted. He said half-day was fine and probably had malafide intentions. The MD loaded so much work to me (equivalent to two full time jobs) which I somehow successfully delivered. Now after 3 years of harassment and not finding anything against me, the company gave me a 3-months notice under the pretext of restructuring. Am I able to claim redundancy or any other benefits for harassment? How much should be a reasonable claim? How should I claim, legal notice or my own letter?
Asked 3 years ago in Labour from Noida, Uttar Pradesh
if you had continued with designation of Personal assistant, you would have been defined as a 'workman' under the Industrial Dispute Act. With designation as Scientific Adviser you ceased to do manual/technical/operational work so as to oust you from category of workman though on the basis of nature of duties performed, you can claim to be workman. If you are proved to be covered under definition of workman under ID Act, you will be entitled to retrenchment compensation which is equivalent to 15 days wages for each completed year of service beside notice pay. You don't have any remedy in law if you being in managerial capacity are discharged. I still advise you to issue a notice through a lawyer claiming retrenchment compensation and do raise an industrial dispute on illegal termination of your services in case your notice s not responded to.
Advocate, New Delhi
For harassment meted out to you by your MD you can not seek any benefits or compensation now.You ought to have taken appropriate action by complaining to authorities within the company to whom the Md was answerable.Every company has a mechanism in place where you can raise your grievances although it might invite the wrath of the person complained against.However when it infringes on your rights as an employee you ought to have taken a stand.
If the company is restructuring and as a result you have been served 3 months notice , after 18 years of service you ought to receive a compensation as a result of the redundancy besides the normal gratuity and provident fund claims.
How much you can claim will largely depend on the number of years you have left before you otherwise retired, the number of years you worked in the company,the annual cost to the company and the internal policies of the company among other things.
Once the notice period is over you will certainly receive a letter from your company regarding any compensation as a result of the loss of the lay off.
Wait till this happens and send a letter yourself if there is no satisfactory amount in terms of the award.If you do not receive any favourable response do approach a lawyer locally and get a legal notice sent to the company.Subsequently you may have to file before the appropriate Labour Court for your claim.
1. File a complaint case before your local labour commissioner,
2. You call youself as a workman,
3. You are entitled to retrenchment banifit which is equal to 15 days wages for every year completed,
4. To start with, demand your retrenchment benifit from the Company first and if not paid approach the labour commissioner.
First of all serve a legal notice through a lawyer challenging termination of services without payment of retrenchment compensation,gratuity, bonus,PF and other benefits also raise ID.
Advocate, New Delhi
Dear client,In such a case you should firstly issue a Legal Notice thereafter as a employee of that company and you given 18 years over there so you are completely eligible for all the retirement benefits.
Gratuity which was calculated 15 days salary will consider per year multiplied by 18 years.
Payment of Bonus.
PF and some other kind of Benefits whatever contained by the companies rules.
So in such case if you need more clarification or help then contact us I will help.
Advocate Anurag Bhatt
Allahabad High Court.