My father is working in a private workshop for the last 26 yrs and the employer is forcing my father to submit the resignation without any dues.
Would need your help to understand what are the legal dues that my father is eligible as per Labor rules. i.e Gratuity,Leaves and any other dues.
Asked in Labour from Thane, Maharashtra
If the employer terminates the services of your father, in case he doesn't resign, he will have to pay retrenchment compensation @ 15 days wages for each completed year of service. It is beside Gratuity, PF, balance earned leave encashment. If your father resigns voluntarily then he would not be entitled to retrenchment compensation. Termination of service can also be challenged on various grounds.
Advocate, New Delhi
Thanks for your response Sir,
Just a few clarification on the above case, I have filed a complaint with Chief Labour Commissioner office Mumbai.
The Chief Labour Commissioner office Mumbai informs that my father is not eligible for Gratuity as there are only 7 workers working in the factory. Is this correct ? So my father won't any Gratuity even after working for 27 yrs.
Leave Encashment- My father till date has not been paid a single paid leave, so how can we calculate the leave considering the fact that my father has been terminated from his service.
Asked 3 years ago