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imok
77

hi,
one of my friend is terminated from his job, and he dont want to convince his company to not to terminate him, so i just wanted to know
1- is he eligible for this months salary i.e april2012(i think he is)
2- is he eligible for any other compensation
3- what are his legal right
kindly update me, as he believe being in HR i must know about this issue, but being just a fresher i have to learn so many things, and i also never exp such situation in my comp.
Regards
Taashi

From India, Delhi
Madhu.T.K
3891

He is entitled to salary till the date of his actual relieving. He is also entitled to get one month salary as notice pay if he was not given notice one month before and a compensation to be calculated at the rate of 15 days pay for every completed year of service provided he has been in service for at least one year.
However, nothing prevents a company to terminate an employee during his probation period or on the expiry of the fixed term for which he was appointed.
Regards,
Madhu.T.K

From India, Kannur
imok
77

he is in 8th month of job and having offer letter/app letter. so i think he is not in probation period. not given any notice before termination
From India, Delhi
bhardwaj_ch1
73

Dear Mr Madhu, Is he(terminated employee) whether workman or supervisor or manager, can get compensation?is it as per I.D Act?
From India, Ahmadabad
imok
77

as per my knowledge management persons are excluded from ID act-1947 correct me if i am wrong he is on executive level in management
From India, Delhi
Madhu.T.K
3891

Employees having supervisory and managerial rights are not covered by I D Act. However, it is not the designation but the responsibilities and rights of the employees over their sub ordinates that decides whether one is a supervisor or not. As such employees having rights of approval of leaves, rights of appraisal or rights of initiating disciplinary actions against their subordinates are considered as supervisory or managerial and all others having no specific rights are workmen only.
Regards,
Madhu.T.K

From India, Kannur
skjohri1
84

Dear Taashi,
He is entitled to:
-salary upto the day he has worked in the organisation ;
-notice or notice pay (if notice not given by the employer) in lieu of notice in terms of his letter of appointment;
-salary for the period of leave earned but not availed .
His coverage under the IDAct will be as per opinion of Madhu.
Regards
S.K.Johri

From India, Delhi
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