Legal Question in Employment Law in India

Hi Sir,

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 encashment,retrenchment compensation and any other dues.

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 get 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.

Please advise..


Asked on 5/08/14, 5:11 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.05.2014

Dear Sir / Madam,

First and foremost, your father should not submit his resignation and he should wait for the Management to terminate his services. Your father is entitled to all the benefits and dues enlisted in his appointment letter and the latest policy of the Company regarding employee entitlements. It is possible that since the Firm / Company does not employ 10 or more permanent employees, it may not have a Gratuity scheme. However, your father can request the Management in writing to give him Gratuity @ half month's basic salary for each year of completed service. Under normal circumstances, Casual Leave of 7 days per year without carry forward entitlement, Sick Leave of 10 days per year with entitlement of carry forward, and 30 days annual leave encashment (LTC) are legally permitted as per the provisions of the Maharashtra Labour Welfare Act.

Regards,

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Answered on 5/09/14, 12:23 am


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