Non-payment of labour dues and non removal from company documents

Question

Q: I have a POA & I am on the Company Registration documents. I was made 'redundant'. This is arbitrary dismissal I have requested the maximum 3 months compensation… A: You are entitled to compensation of up to three months under the Labour Law. You have an absolute right to file a complaint…

Hari Wadhwana · Accepted Answer

Dear Sir,

Thank you for reaching out to me on this.

I would first deal with your labour related issue:

Considering you have been terminated on the basis of redundancy, you are entitled to compensation of up to three months under the Labour Law.

Redundancy is not one of the ways of a lawful termination under the law, hence you have an absolute right to file a complaint against this termination.

Having said the above, the court has the discretion of awarding 1-3 months salary as compensation.

Hence, if the company is giving you 2 months of salary as compensation, you have to take a call whether it is financially feasible for you to litigate the claim for an extra one month's salary.

Regarding the power of attorney and company registration documents, you can approach the notary public and request them to remove your name from the POA.

Alternatively, you may just not exercise the power under the POA and let the owner cancel the POA himself.

For company documents, you can approach DED or the relevant authority where the company is registered and exhibit as to how your employment is terminated hence to remove you from the documents.

I trust you will find this helpful.

Regards,

Hari Wadhwana

052-9495731

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