Share the clause which was there in your offer letter regarding notice period if they clearly mentioned they can terminate your service with or without notice at any time. Then, it is a waste of time to approach a lawyer.
From India, Chennai
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6From India, Chennai
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Thank you very much for your suggestions. There are a few more suggestions that I need:
1. HR has forced me to resign on a certain date without meeting any conditions mentioned in my offer letter. They did not provide a one-month notice period as per the offer letter, nor did they address any notice period in their recent email, which states that my forced resignation will be effective on this particular date. Is this notice null and void? Should I consider it valid or pursue legal action?
2. They have made another error by issuing me a relieving letter stating that they are happy to relieve me from my job based on my request and interest, even though I did not submit a resignation for that date. What steps should I take in response to this?
3. Are there any deadlines for filing a case of this nature?
Thank you. I eagerly await your valuable suggestions.
SHOBHIT
From India, Jaipur
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1. HR has forced me to resign on a certain date without meeting any conditions mentioned in my offer letter. They did not provide a one-month notice period as per the offer letter, nor did they address any notice period in their recent email, which states that my forced resignation will be effective on this particular date. Is this notice null and void? Should I consider it valid or pursue legal action?
2. They have made another error by issuing me a relieving letter stating that they are happy to relieve me from my job based on my request and interest, even though I did not submit a resignation for that date. What steps should I take in response to this?
3. Are there any deadlines for filing a case of this nature?
Thank you. I eagerly await your valuable suggestions.
SHOBHIT
From India, Jaipur
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Dear Friends,
Badly in need of your help. After a 3yrs of gap post my maternity (after so much of struggle in getting job due to my long break) I joined a startup company as HR. Since it was a startup, they didn't have any HR over there. The owner of the company just sent me a mail saying "we are offering this job", without mentioning any clause or terms and conditions. He also told on phone that, as we don't have any HR yet, you have to create your offer letter yourself once you join. As I already had almost 5yrs of experience previously, I was very much excited and I joined. I also rejected another offer which was offering me even higher salary (it was an MNC) just because this was near to my house and I could manage both office and home. None of the officials in the company have the software industry experience except the owner of the company. Even the owner has only some software experience but no idea about HR terms and policies. He started the company and left his father to look after (He works out of India and parallely wants to operate this business from there). Now whenever I wanted to give inputs as per my experience to his father regarding operations, they understood as argument or over smart. Now, just after 18 days of work they have sacked me out without saying anything and no notice pay. Now since nothing is mentioned in the offer letter, will I be eligible for the 2 months’ notice period as it’s the clause in other software companies? The company is not yet registered under the shop and establishment act.
Please reply me fast as I need to take any action immediately.
Regards,
Sarala P
From India, Bangalore
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Badly in need of your help. After a 3yrs of gap post my maternity (after so much of struggle in getting job due to my long break) I joined a startup company as HR. Since it was a startup, they didn't have any HR over there. The owner of the company just sent me a mail saying "we are offering this job", without mentioning any clause or terms and conditions. He also told on phone that, as we don't have any HR yet, you have to create your offer letter yourself once you join. As I already had almost 5yrs of experience previously, I was very much excited and I joined. I also rejected another offer which was offering me even higher salary (it was an MNC) just because this was near to my house and I could manage both office and home. None of the officials in the company have the software industry experience except the owner of the company. Even the owner has only some software experience but no idea about HR terms and policies. He started the company and left his father to look after (He works out of India and parallely wants to operate this business from there). Now whenever I wanted to give inputs as per my experience to his father regarding operations, they understood as argument or over smart. Now, just after 18 days of work they have sacked me out without saying anything and no notice pay. Now since nothing is mentioned in the offer letter, will I be eligible for the 2 months’ notice period as it’s the clause in other software companies? The company is not yet registered under the shop and establishment act.
Please reply me fast as I need to take any action immediately.
Regards,
Sarala P
From India, Bangalore
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You can probably file a case against the individual. Consult a lawyer at the earliest. If the MNC job which you rejected is still open, consider joining there. This 18-day job is a waste of time. In my personal opinion, forget it and move ahead. It's not worth fighting it legally either. You need to examine all job offers very carefully.
The whole setup seems to be in the setting-up stage, and things have not been formalized.
From India, Pune
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The whole setup seems to be in the setting-up stage, and things have not been formalized.
From India, Pune
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Hello Sarala,
Like Nathrao suggested, just forget this and move on.
A word of caution—next time, don't ignore carrying out due diligence of the company—especially if it's a startup.
Not all startups are bad, but the word 'startup' is now more often than not used so very loosely that the true meaning has got lost in the mela.
Your excessive focus on being near your home (nothing wrong in this per se) 'seems' to have been used/capitalized by the father in this company.
Just don't show this experience on your resume.
I recollect an almost identical scenario with a startup (same father/son combination) with whom we worked earlier. What the son thought was right wasn't agreed upon by the father (after all, he's the 'father' and the son had to listen to him, I guess)… in the end, we stopped servicing them and the company also closed down.
As a general rule, be doubly cautious where family members are part of the core management team. Problems at home can affect the office working, and it's HR who gets hit/blamed. This is in addition to the generation gap the older relatives quite often have in understanding modern-day technologies/practices (though I surely won't generalize this aspect).
All the best.
Regards,
TS
From India, Hyderabad
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Like Nathrao suggested, just forget this and move on.
A word of caution—next time, don't ignore carrying out due diligence of the company—especially if it's a startup.
Not all startups are bad, but the word 'startup' is now more often than not used so very loosely that the true meaning has got lost in the mela.
Your excessive focus on being near your home (nothing wrong in this per se) 'seems' to have been used/capitalized by the father in this company.
Just don't show this experience on your resume.
I recollect an almost identical scenario with a startup (same father/son combination) with whom we worked earlier. What the son thought was right wasn't agreed upon by the father (after all, he's the 'father' and the son had to listen to him, I guess)… in the end, we stopped servicing them and the company also closed down.
As a general rule, be doubly cautious where family members are part of the core management team. Problems at home can affect the office working, and it's HR who gets hit/blamed. This is in addition to the generation gap the older relatives quite often have in understanding modern-day technologies/practices (though I surely won't generalize this aspect).
All the best.
Regards,
TS
From India, Hyderabad
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Thank you very much for your suggestions.
However, there are certain more suggestions that I need:
1. HR has forced me to resign on a specific date without meeting any conditions mentioned in my offer letter. They did not provide a one-month notice period, nor did they mention anything related to notice in their last email, which states that my forced resignation will take effect on this particular date. Is this notice null and void? Please advise whether I should consider it as valid or if I should pursue legal action.
2. They have made another mistake by issuing me a relieving letter stating that "as per your request and interest, we are happy to relieve you from your job with this date," even though I did not submit any resignation for that date. Please suggest what I should do in this situation.
3. Is there a deadline for filing a case of my kind?
Thank you, and I am looking forward to your valuable suggestions.
SHOBHIT
Posted on 6th July 2015
From India, Jaipur
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However, there are certain more suggestions that I need:
1. HR has forced me to resign on a specific date without meeting any conditions mentioned in my offer letter. They did not provide a one-month notice period, nor did they mention anything related to notice in their last email, which states that my forced resignation will take effect on this particular date. Is this notice null and void? Please advise whether I should consider it as valid or if I should pursue legal action.
2. They have made another mistake by issuing me a relieving letter stating that "as per your request and interest, we are happy to relieve you from your job with this date," even though I did not submit any resignation for that date. Please suggest what I should do in this situation.
3. Is there a deadline for filing a case of my kind?
Thank you, and I am looking forward to your valuable suggestions.
SHOBHIT
Posted on 6th July 2015
From India, Jaipur
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Shobit,
You will have to prove forced resignation, and that should not be difficult if you have not given your resignation. The general rule of law is if you allege something, you need to prove it. Have you given any resignation for any date? There is always a limitation period for legal cases, but the sooner the issue is sorted out or converted into a legal issue, the better it is. If you feel aggrieved and want redress, go with all facts, letters, email copies to your lawyer, and set the ball rolling. I must remind you that court battles are expensive and time-consuming. This, in itself, puts off many from enforcing legal rights. Also, this fact is taken advantage of by unscrupulous employers against individual employees.
From India, Pune
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You will have to prove forced resignation, and that should not be difficult if you have not given your resignation. The general rule of law is if you allege something, you need to prove it. Have you given any resignation for any date? There is always a limitation period for legal cases, but the sooner the issue is sorted out or converted into a legal issue, the better it is. If you feel aggrieved and want redress, go with all facts, letters, email copies to your lawyer, and set the ball rolling. I must remind you that court battles are expensive and time-consuming. This, in itself, puts off many from enforcing legal rights. Also, this fact is taken advantage of by unscrupulous employers against individual employees.
From India, Pune
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