REMEDIES FOR EMPLOYEES OF MNC COMPANIES IF TERMINATE FORCIBLY

INTRODUCTION:-MNC or multinational corporation is also known as multinational enterprises or multinational organizations. It is the type of company which conducts through more than one country and has a central or main office in one country and co-ordinates all its other additional offices or subsidiaries in other country. MNCs have advanced strategythat has the target to increase the benefits to the maximum apex through across the countries. It shares sources such as trademarks, patent, currency, credits etc. The growth of this also tremendous, they can also invest in developing economies to gain access to affordable materials and etc.But alongside of its remarkable positive sides there are number of issues which has been addressed, out of them one is the forciblytermination of employmentwhich is also comes under as constructive dismissal.

KEY ASPECTES :-The illegal termination particularly arises when it is forcibly vested upon the aggrieved employee, specifically when it occurs in the MNCs, It creates a critical situation where a significant amount of impact scatters the usual life of an individual worker who works as an employee of this type of companies. When this type of extinction occurs without any cause of action or without any given a set period of time or notice (mainly under 30 or 90 days) and severance, which indicates the arbitrary dismissal, discrimination, retaliation which is the ultimate breach of contract.

In India this type of situation arises when the employee is forced to resign or is fired against their volition without above mentioned valid notifications.

PROVISION:- There are several legal stands which can suffice the urge of justice to the certain point, this laws govern this type of unlawful conductivity , which are –

1.???? The Industrial Employment (standing orders) Act, 1946, is the very well instance, where it requires the employers to get Govt. certification which includes, given notice, reasons behind the termination, notification of any misconducts etc.

2.???? ?Industrial Disputes Act, 1947, makes a compulsory notice which has to be served 30 to 90 days ahead while terminating employee with payment of 15 dayfor every completion of yearly service.

3.???? Where The Delhi shops and Establishment Act, 1954 requires the 30day notice ahead.??

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REMEDY :-One can also file police complaint regarding above type of situation under Section 406 criminal breach of trust, section 420 cheating or also section 499 defamation of IPC, 1860 and many more (Under BNS, 2023 these are section 316, section 318 and section 356).

Also, one can file a complaint with the ministry of labour and employment.

MEASURES: - The employees should take the adequate measures to make them aware in respect of their employment under the certain company or organization which they are working, such as-

·??????? They have to be aware of their rights regarding employment contract,

·??????? They need to follow up with the due amounts or if there are any statutory bonus, also equivalent payment etc.

·??????? If there any doubt has been arising regarding contract with the company, contact the HR or their respected employer.

·??????? Be well versed with the terms and conditions etc.

CONCLUSION: - The employees of MNCs in India has couple of remedies and legal stands which can be used if there are any situation of forceful terminations, which have been briefly expressed through this blog. These remedies are well designed to protect the people from any unfair or unjust activity, protects the workers well-being and as well as the society, provides the natural justice.

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