Hi all,
My employer has terminated my job without giving me any warning, notice, or any intimation. Also, they have stopped my salary for the whole month I have worked.
Please guide me on how I can move forward to get my salary. Can I file a complaint for the salary, as well as notice pay? I also want to file a case for mental torture and harassment because I am the sole breadwinner in my family, with two dependents relying on me.
Early guidance would be greatly appreciated.
From India, Anand
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1My employer has terminated my job without giving me any warning, notice, or any intimation. Also, they have stopped my salary for the whole month I have worked.
Please guide me on how I can move forward to get my salary. Can I file a complaint for the salary, as well as notice pay? I also want to file a case for mental torture and harassment because I am the sole breadwinner in my family, with two dependents relying on me.
Early guidance would be greatly appreciated.
From India, Anand
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Don't be in haste and come to any conclusion; provide details so that the seniors can advise you properly. Be assured that even in the case of termination, the employer cannot stop your salary. Approach the HR and get the termination notice. Tell us the reason for termination, whether you were in probation, etc., to guide you properly.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Friend,
Sorry to hear about this. Please answer my few questions so as to enable us to understand the legal position behind the same.
1. Have they given you any termination letter, and if yes, what is the reason for termination stated in it?
2. When were you appointed, and have you completed your probation?
3. Can you provide your appointment letter details as to what it says regarding the Notice Period?
Generally, IT companies do not do this. However, anything can happen with small-time companies. Please answer the above to assess your situation better.
From India, New Delhi
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Sorry to hear about this. Please answer my few questions so as to enable us to understand the legal position behind the same.
1. Have they given you any termination letter, and if yes, what is the reason for termination stated in it?
2. When were you appointed, and have you completed your probation?
3. Can you provide your appointment letter details as to what it says regarding the Notice Period?
Generally, IT companies do not do this. However, anything can happen with small-time companies. Please answer the above to assess your situation better.
From India, New Delhi
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First, did you receive the appointment letter from the company? If so, refer to the termination/resignation clause in the letter and notice period. If there is a notice period, they have to pay the salary for the notice period mentioned in the letter. They cannot simply evade it. Find out on what grounds they have stopped you from working in the company. Meet the concerned person and find out.
If they have not paid you the salary for the period you have worked as well as the notice period salary, you can send a letter to the management asking for the same by registered post acknowledgment due. Wait for a month, and if they do not respond, then meet the Labour Commissioner and file a complaint. This complaint will be strong as they will send a notice to the company asking them to pay the salary and settle the same.
From India, Madras
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If they have not paid you the salary for the period you have worked as well as the notice period salary, you can send a letter to the management asking for the same by registered post acknowledgment due. Wait for a month, and if they do not respond, then meet the Labour Commissioner and file a complaint. This complaint will be strong as they will send a notice to the company asking them to pay the salary and settle the same.
From India, Madras
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Employer can hold the salary of any employee who is leaving the organization if the employee has any dues to the employer, such as a cell phone, pen drive, or any advances, etc.
While leaving, the employer will deduct that amount from your Full and Final settlement, and whatever remains, they will pay you. Once the reason for your termination is clear, seniors can better guide you.
Regards,
Vishal
From India, Nasik
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While leaving, the employer will deduct that amount from your Full and Final settlement, and whatever remains, they will pay you. Once the reason for your termination is clear, seniors can better guide you.
Regards,
Vishal
From India, Nasik
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Hello,
As Saji mentioned, don't act in haste. Remember the saying: "Act in haste and repent at leisure."
Please provide the inputs mentioned by Kamal Kant Tyagi. These inputs are essential to assess the situation before any practical suggestions can be given by the members.
Additionally, please clarify and confirm if there were any unpleasant or untoward situations or incidents that occurred 1-2 days prior to your termination. What you mentioned about the "termination without warning/notice" could be the result rather than the cause. I somehow get this feeling, as Kamal Kant Tyagi pointed out that IT companies generally do not act this way.
Could you also share the employee strength of your company?
Regards,
TS
From India, Hyderabad
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As Saji mentioned, don't act in haste. Remember the saying: "Act in haste and repent at leisure."
Please provide the inputs mentioned by Kamal Kant Tyagi. These inputs are essential to assess the situation before any practical suggestions can be given by the members.
Additionally, please clarify and confirm if there were any unpleasant or untoward situations or incidents that occurred 1-2 days prior to your termination. What you mentioned about the "termination without warning/notice" could be the result rather than the cause. I somehow get this feeling, as Kamal Kant Tyagi pointed out that IT companies generally do not act this way.
Could you also share the employee strength of your company?
Regards,
TS
From India, Hyderabad
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Thanks to all for your response.
Below are my details.
I was appointed by an IT firm in Hyderabad in Nov-12, and I moved from Gujarat to Hyderabad. Then I started working with them. Before joining, they emailed me the offer letter and salary breakup, which I accepted.
The offer letter mentions, "As per your consent to stay with Company Name (I still like to be honest with my company and not like to disclose the name if required will reveal later, sorry for that) for at least one year..."
I joined them in Nov-12 and continued to work with them. Unfortunately, at the end of Dec, due to some family problems, I decided to return to my hometown. After much consideration, I emailed them my resignation letter in Feb-13, asking to complete my notice period or relieve me as soon as possible. They discussed with me verbally and agreed to let me Work From Home.
So, neither my resignation was accepted nor rejected. After working from home in Mar and Apr, they paid me for Mar. However, in the first week of May when my pay was due for Apr, they suddenly terminated my accounts and all my details. Over the phone, they informed me that the company was not happy with my performance and was discontinuing my job.
All employees received their salary by May 4th. When I inquired on May 6th about my salary, they requested me to send my work details, which I had already sent. However, they stopped responding to my emails.
Note: They did not provide me with any appointment letter, and nothing was mentioned in the offer letter regarding the notice period, except what I mentioned above.
Please guide me on how I can file a complaint and where I should file it, or should I resort to Annaji's armor :D (Anasan in front of my office)
From India, Anand
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Below are my details.
I was appointed by an IT firm in Hyderabad in Nov-12, and I moved from Gujarat to Hyderabad. Then I started working with them. Before joining, they emailed me the offer letter and salary breakup, which I accepted.
The offer letter mentions, "As per your consent to stay with Company Name (I still like to be honest with my company and not like to disclose the name if required will reveal later, sorry for that) for at least one year..."
I joined them in Nov-12 and continued to work with them. Unfortunately, at the end of Dec, due to some family problems, I decided to return to my hometown. After much consideration, I emailed them my resignation letter in Feb-13, asking to complete my notice period or relieve me as soon as possible. They discussed with me verbally and agreed to let me Work From Home.
So, neither my resignation was accepted nor rejected. After working from home in Mar and Apr, they paid me for Mar. However, in the first week of May when my pay was due for Apr, they suddenly terminated my accounts and all my details. Over the phone, they informed me that the company was not happy with my performance and was discontinuing my job.
All employees received their salary by May 4th. When I inquired on May 6th about my salary, they requested me to send my work details, which I had already sent. However, they stopped responding to my emails.
Note: They did not provide me with any appointment letter, and nothing was mentioned in the offer letter regarding the notice period, except what I mentioned above.
Please guide me on how I can file a complaint and where I should file it, or should I resort to Annaji's armor :D (Anasan in front of my office)
From India, Anand
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No, I have not received any termination letter (you can read the details of termination in my response below)
There was nothing mentioned in the offer letter regarding probation.
Below are the details written in my offer letter:
Dear (My Name),
We would like to congratulate you on your selection to the position of Developer with (Pvt. Ltd Company Name), an exclusive developing partner of (Branch of USA company).
As per your consent to stay with (Pvt. Ltd Company Name) for at least one year, your salary package remains as discussed with you. You would be appraised after ten months, and depending on your performance, you would be rewarded accordingly.
(Pvt. Ltd Company Name) develops software for its overseas partners. In this context, it might be required by employees to travel overseas. Overseas development and employment opportunities will be offered only upon the willingness to travel by the employee and are not mandatory.
A letter detailing all the benefits will be given after the commencement of the employment. If accepting this offer, you are required to confirm your start date of employment by Thursday, 15th November 2012, and submit the following paperwork.
From India, Anand
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There was nothing mentioned in the offer letter regarding probation.
Below are the details written in my offer letter:
Dear (My Name),
We would like to congratulate you on your selection to the position of Developer with (Pvt. Ltd Company Name), an exclusive developing partner of (Branch of USA company).
As per your consent to stay with (Pvt. Ltd Company Name) for at least one year, your salary package remains as discussed with you. You would be appraised after ten months, and depending on your performance, you would be rewarded accordingly.
(Pvt. Ltd Company Name) develops software for its overseas partners. In this context, it might be required by employees to travel overseas. Overseas development and employment opportunities will be offered only upon the willingness to travel by the employee and are not mandatory.
A letter detailing all the benefits will be given after the commencement of the employment. If accepting this offer, you are required to confirm your start date of employment by Thursday, 15th November 2012, and submit the following paperwork.
From India, Anand
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Hi,
Please be patient. Have you received any offer letter or appointment letter from your employer? Have you completed your probation period? If yes, after confirmation, what is your notice period? Employment may be terminated at any time by either party (employee or employer) giving the notice period. You will receive your dues. Don't worry.
Regards,
Sivakumar
From India, New Delhi
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Please be patient. Have you received any offer letter or appointment letter from your employer? Have you completed your probation period? If yes, after confirmation, what is your notice period? Employment may be terminated at any time by either party (employee or employer) giving the notice period. You will receive your dues. Don't worry.
Regards,
Sivakumar
From India, New Delhi
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I am not clear about it; that is the big mistake I made in my career. What I had was only the offer letter, and I already provided the details above, except that I don't have anything regarding the appointment letter. The only other proof is that my salary was being credited to my bank account. But verbally, there was nothing about the probation, and we agreed on a two-month notice period. There is a saying which is absolutely true, and I am experiencing it now: "Love your job but never love your company." I trusted them and worked honestly, but now I feel that I am cheated.
I am the only person in my family who is earning, and I am facing too many problems. I was willing that if I get my salary, I will find a new job and start a new beginning, but now they are holding my salary, so they are pushing me to go legally. I really want to know from you if I can file a complaint for my notice pay, mental torture, and fraud. Please guide me.
From India, Anand
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I am the only person in my family who is earning, and I am facing too many problems. I was willing that if I get my salary, I will find a new job and start a new beginning, but now they are holding my salary, so they are pushing me to go legally. I really want to know from you if I can file a complaint for my notice pay, mental torture, and fraud. Please guide me.
From India, Anand
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Termination-emp loyment_563.pdf
Termination letter.doc