Hi, I am working in a Pvt Ltd Company. On June 5, 2014, the company's HR terminated me without giving any notice or warning. After that, she asked me to submit my resignation, promising to process my salary by June 9, 2014. I resigned from my job, but I still have not received my May month salary. No one is picking up my phone calls or responding to my messages. I am facing financial problems due to this issue. Can you please suggest what I should do?
From India, Delhi
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From India, Delhi
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Dear Kulbeer Singh,
First, kindly confirm whether your date of joining is correct. It is mentioned as June 2014, which means just a few days back. If so, why were you terminated so soon?
This case can be viewed in two ways:
1) If they terminated you, why did you submit your resignation? In this scenario, it should be treated as a resignation since I believe you did not receive any written communication about termination from the company.
2) Termination can occur during probation with or without notice. It purely depends on the terms and conditions mentioned in your employment letter.
From India, Mumbai
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208First, kindly confirm whether your date of joining is correct. It is mentioned as June 2014, which means just a few days back. If so, why were you terminated so soon?
This case can be viewed in two ways:
1) If they terminated you, why did you submit your resignation? In this scenario, it should be treated as a resignation since I believe you did not receive any written communication about termination from the company.
2) Termination can occur during probation with or without notice. It purely depends on the terms and conditions mentioned in your employment letter.
From India, Mumbai
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My date of joining is 2nd September 2013, and she will terminate me on 6th June 2014. I have submitted my resignation on 9th June 2014 after a telephonic conversation. I have my termination letter. She said that your approach to work is slow, that's why we are terminating you. After two days, she said we need your resignation for the salary process.
From India, Delhi
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From India, Delhi
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Dear Kulbeer,
Kindly approach the higher authorities to know about the situation. Normally, the company may take a month's time to process the full and final salaries. Still, the company needs to keep you in the loop for the same. Did you also receive an acknowledgment of the resignation letter that was submitted by you? This will help you in the long run.
From India, Mumbai
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Kindly approach the higher authorities to know about the situation. Normally, the company may take a month's time to process the full and final salaries. Still, the company needs to keep you in the loop for the same. Did you also receive an acknowledgment of the resignation letter that was submitted by you? This will help you in the long run.
From India, Mumbai
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Mr. Kulbeer Singh,
Before joining your company, you must have been given an appointment order or an offer letter. It is important to check whether the clause of termination from either side is mentioned during the probationary period and after confirmation.
If you are in the probationary period and your services are terminated by receiving a termination notice in writing, then the HR department has no right to request your resignation. You have the option to resign voluntarily or be terminated by the employer, but not both.
Please clearly explain your situation so that experts in this thread can provide you with appropriate advice.
Adoni Suguresh
Sr. Executive (Personnel, Administration, and Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
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Before joining your company, you must have been given an appointment order or an offer letter. It is important to check whether the clause of termination from either side is mentioned during the probationary period and after confirmation.
If you are in the probationary period and your services are terminated by receiving a termination notice in writing, then the HR department has no right to request your resignation. You have the option to resign voluntarily or be terminated by the employer, but not both.
Please clearly explain your situation so that experts in this thread can provide you with appropriate advice.
Adoni Suguresh
Sr. Executive (Personnel, Administration, and Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
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Dear Kulbeer,
First Try to find out why she is asking for resignation even after termination.
As you said your joining date was 2-sept-2013 and she terminated you on 6-june-2014 i.e. more than 6 months. Kindly tell us whats was your probation period? are you a confirmed employee or still on probationary period.?
There might be some clauses in appointment letter or offer letter about Termination policy after confirmation and during probation period.
I guess if she asking for your resignation b/c there may be some clauses in appointment letter which was not in favor of company in case of termination from companies side. * like "After confirmation, your services are terminable without assigning any reason, by giving one month’s notice in writing or salary in lieu, thereof on both side."
Please again go through your appointment letter and make clear all this things and tell us, that will help us to understand your problem more easily
Regards
Taran
Manager-HR
From India, Indore
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First Try to find out why she is asking for resignation even after termination.
As you said your joining date was 2-sept-2013 and she terminated you on 6-june-2014 i.e. more than 6 months. Kindly tell us whats was your probation period? are you a confirmed employee or still on probationary period.?
There might be some clauses in appointment letter or offer letter about Termination policy after confirmation and during probation period.
I guess if she asking for your resignation b/c there may be some clauses in appointment letter which was not in favor of company in case of termination from companies side. * like "After confirmation, your services are terminable without assigning any reason, by giving one month’s notice in writing or salary in lieu, thereof on both side."
Please again go through your appointment letter and make clear all this things and tell us, that will help us to understand your problem more easily
Regards
Taran
Manager-HR
From India, Indore
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Many of my friends advised that I can definitely help you, but you have not raised your query with clear facts.
To understand your issue properly, please send me a scanned copy of the following documents to my email ID op.ray@adityabirla.com:
1. Copy of your appointment letter
2. Copy of your termination letter
3. Copy of your resignation letter
4. Any other documents related to your service terms and conditions.
After studying the above documents, I will provide you with appropriate suggestions for your problem/issue.
Regards,
opray
From India
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To understand your issue properly, please send me a scanned copy of the following documents to my email ID op.ray@adityabirla.com:
1. Copy of your appointment letter
2. Copy of your termination letter
3. Copy of your resignation letter
4. Any other documents related to your service terms and conditions.
After studying the above documents, I will provide you with appropriate suggestions for your problem/issue.
Regards,
opray
From India
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Hi Kulbeer,
Good day. Thank you for all your valuable advice. I have a very similar one. I recently joined a company in Mumbai as a store manager. I have worked with many international brands in retail. However, in this company, I have found that they are a little weak operationally. According to them, I am slow in my work. Additionally, some amount was short in our records, so they deducted it from my salary, which I haven't received yet. My salary keeps getting delayed. Yesterday, there was a manual global count in the store, which was not an audit or stocktake. During the manual count, some quantity was found to be short, and due to this reason, my salary is on hold again.
Today afternoon, I received a call from the operations manager who informed me that I don't need to come to the store. Please advise me on how I should react.
From India
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Good day. Thank you for all your valuable advice. I have a very similar one. I recently joined a company in Mumbai as a store manager. I have worked with many international brands in retail. However, in this company, I have found that they are a little weak operationally. According to them, I am slow in my work. Additionally, some amount was short in our records, so they deducted it from my salary, which I haven't received yet. My salary keeps getting delayed. Yesterday, there was a manual global count in the store, which was not an audit or stocktake. During the manual count, some quantity was found to be short, and due to this reason, my salary is on hold again.
Today afternoon, I received a call from the operations manager who informed me that I don't need to come to the store. Please advise me on how I should react.
From India
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