What are some of the questions related to labour law in India that you always wanted to know (probably something that your HR may not explicitly tell you) - Ask here!
Notice period for layoff in india? And how much should be the severance? (Mandated by the law in india)
And can companies force you to sign NDA about layoff
Notice period (or pay in lieu of it) is at least 30 days (or what's in your appointment letter which is higher).
If you are being laid off, and you are a 'workman' (simply put, without direct reports), you are eligible to recieve 15 days salary per every year of service or part thereof. This is called Retrenchment Pay and is mandatory as per Industrial Disputes Act. This is besides the notice period pay.
Employer cannot ask the employee to sign any one-sided agreements at the time of layoffs.
Do you need a good reason to fire an employee? Like a bad leaver, or a good leaver? Is there any documentation you do before making the decision?
Hi. Thanks for your efforts.
My question is: as someone who is not from law background, how can one learn all about his work rights (as a white collar worker). Any books/videos/blogs/anything else that you would suggest?
Thanks
There are many YouTube videos and I have watched some - I don't recall any channel in particular. I just youtube it whenever I need it. Unfortunately, there's no book that I am aware (having said that I am writing one; planning to publish it after the new labour codes are in place. But it won't mostly be for employees but for CxOs who aren't from legal backgrounds. Employees usually do not 'read' such books; videos may fly).
Having said this, this will be a good read to start with: https://www.legalserviceindia.com/legal/article-4220-a-summary-on-existing-labour-laws-in-india.html
There's a website called CiteHR that's kind of stackoverflow for HRs. But beware, people comment their without any validation; not everything you see on CiteHR is accurate. You may even come across a post on CiteHR that says 'Einstein once said: everything that you see on internet is not true'.
Is there any policy of Notice period? Now most companies have 90 days waiting period and do not allow employees to buy notice period? If someone do not serve complete notice period then can any company take any legal action, stop relieving letter, stop PF and Sue in the court?
No law related to notice period. If the employee is being retrenched, company has to give max of (30 days, what is in the appointment order).
If the agreed offer/appointment letter has 90 days, employees need to serve it. If not, companies can recover it (not from gratuity though).
Relieving letter can be delayed until compensation is paid/recovered.
PF can't be touched. They need to pay it for as many days in a month as the employee works, to the EPF fund by 15th of the next calendar month
If there are damages that the companies expect, they can sue in court. Many do not in usual cases since the RoI tells them that it's not worth it.
Thank you
Experience Certificates
No employer can deny experience certificate to any employee in India. It is as per the Shops and Commercial Establishments Act (every state has one; mostly look-alike). In law, it is known as 'Service Certificate'.
In short, even if you have not returned those IT assets, have broken that 'bond' (which has legal standing in India), went absconding, killed someone and got terminated, or whatever - you are entitled to an experience certificate whenever you ask for it.
However, relieving certificate is different. It may be issued after due process at the org, after no-due clearance and such.
ageism in IT industry
I am not sure about the question here. If this is about ageism is illegal, there's no significant law in India about this being a discrimination. Companies can form arguments to their favor which are tough to be questioned in courts of law. Sadly, this is true.
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