Dear Viney,
Talk to your HR manager, understand why Notice pay has not been paid when you are fired by CEO. Still if you feel and justified that your claim is right, send a simple letter asking for notice pay by a Registered Post and wait for a reply. If no reply, issue legal notice through a Lawyer.
All the best.
From India, Bangalore
2Talk to your HR manager, understand why Notice pay has not been paid when you are fired by CEO. Still if you feel and justified that your claim is right, send a simple letter asking for notice pay by a Registered Post and wait for a reply. If no reply, issue legal notice through a Lawyer.
All the best.
From India, Bangalore
Dear, When did you join in the company? weather you were joined on the probationary period. please clarify.
From India, Secunderabad
From India, Secunderabad
Dear All,
I read this post with due interest. I would like to take this opportunity to clarify certain legal espects.
By the location given in the post i observed that he is from Bangalore, which falls in Karnataka. Also from the post it is clear that Mr. Vinay is employed in a MNC which i pressume is govenned by Shops and Establishment Act of that respective State, which in this case would be Karnataka Shops and Establishment Act..
I would like to draw the kind attention of worthy members towards Section 39 of the abovementioned Act. Since I am not able to copy from the file I am attaching the Act PDF for the reference. The Section 39 says that any body who is under employment for not less than 6 months under the an employer cannot be terminated without giving one months notice or salary in lieu of, other than in case of misconduct.
While I say this its applicability to the present case would come into question as Mr Vinay is a manager. I would like to draw the attention towards the definition of employee in the Act which says that except the family members of employees every body is employee. So he is well covered under this definition.
Section 39 also gives the remedy against illegal Act of employer. So my opinion to Mr. Vinay would be that he should contact the proper authority as given in the Act immediately and I am sure that he will get the justice.
From India, New Delhi
I read this post with due interest. I would like to take this opportunity to clarify certain legal espects.
By the location given in the post i observed that he is from Bangalore, which falls in Karnataka. Also from the post it is clear that Mr. Vinay is employed in a MNC which i pressume is govenned by Shops and Establishment Act of that respective State, which in this case would be Karnataka Shops and Establishment Act..
I would like to draw the kind attention of worthy members towards Section 39 of the abovementioned Act. Since I am not able to copy from the file I am attaching the Act PDF for the reference. The Section 39 says that any body who is under employment for not less than 6 months under the an employer cannot be terminated without giving one months notice or salary in lieu of, other than in case of misconduct.
While I say this its applicability to the present case would come into question as Mr Vinay is a manager. I would like to draw the attention towards the definition of employee in the Act which says that except the family members of employees every body is employee. So he is well covered under this definition.
Section 39 also gives the remedy against illegal Act of employer. So my opinion to Mr. Vinay would be that he should contact the proper authority as given in the Act immediately and I am sure that he will get the justice.
From India, New Delhi
But sec 3(h) of the Act exempt persons holding managerial positions from the purview of the Act. Varghese Mathew 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Dear Mr. Varghese, It says Position of Management not Managerial Positions. Position of Management would be MD or CEO or ED etc.
From India, New Delhi
From India, New Delhi
Mr Mathew has highlightged the ceiling in wages for avaialability of remedy under the PW Act. However, the remedy is still available to a Manager under the provisions of the S&E Act, other than those Managers who have declared as Manaager having ultimate control over the affiars of the establishment, under the said Act.
Vasudevan
From India, Mumbai
Vasudevan
From India, Mumbai
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc