Legal Question in Employment Law in India

Re: Retrenchment

Since you are in a staff catagory the Industrial Tribunal Act 1947 applies to you. Under Sec 25 F of the said Act the last commer should go first and you are entitiled for 1 month gross pay and also retrenchment compensation @ 15day of every year of service. 6 month and more will be counted as 1 year. for more detatils contact

R.Gunashekaran , Advocate

indolegal, 18/49 A Ekambara Iyer street, Venkatapuram ambattur, Chennai - 53.

Re: Retrenchment

Please refer to your appointment letter and the terms of the employment contract for determining whether they should pay you three months or one month and basic or gross pay. This again depends on if you are a confirmed employee or still on probation. But I guess that you are confirmed, given the fact that a compensation is offered to you.

2. If you are resigning, you have to give the employer depending on the terms of the employment contract either one month or three months notice in advance and normally no compensation need be paid to a resigning employee. Alternatively ask your HR department to give a letter to put in your papers and ask them to make an offer to you on compensation after carefully studying the employment contract about the termination terms.

3. I have no Advocate Client relationship with you and this forum is intended to give only free advice. Hence your request to draft a resignation letter for you is rejected and the request itself is inappropriate. Sorry.

Thank you for your understanding and I hope that this clarifies all your doubts.