Dear 
,
I understand your concern and what you are going through the time.
As you said your matter is in Labour Court. In labour Court, you must have filed a case thr' an advocate and the advocate must have considered all the aspects of your termination. You just have a trust on your advocate. Prima facie your case seems to be strong in your favour. Decisions in labour courts are mostly in favour of employee.
Don't be worried!!! My best wishes to you.
From India, Mumbai
2556I understand your concern and what you are going through the time.
As you said your matter is in Labour Court. In labour Court, you must have filed a case thr' an advocate and the advocate must have considered all the aspects of your termination. You just have a trust on your advocate. Prima facie your case seems to be strong in your favour. Decisions in labour courts are mostly in favour of employee.
Don't be worried!!! My best wishes to you.
From India, Mumbai
Amudha,
Weren't you given an offer letter or an appointment letter which stated that either of you had to give a notice of 1 or 2 months?? if yes, the company is bound to pay you the notice pay and any legal expences you incur in the case. Or if you do not have a joining letter or offer letter, what does the company HR policy state? if it mentions that the employee has to give a one month notice, again you are legally entitled to payment in lieu of notice.
However notice or Payment in lieu of notice is not given in case of termination due to disciplinary action. So be sure of facts and go ahead for the case.
Manoj
From India, Delhi
Weren't you given an offer letter or an appointment letter which stated that either of you had to give a notice of 1 or 2 months?? if yes, the company is bound to pay you the notice pay and any legal expences you incur in the case. Or if you do not have a joining letter or offer letter, what does the company HR policy state? if it mentions that the employee has to give a one month notice, again you are legally entitled to payment in lieu of notice.
However notice or Payment in lieu of notice is not given in case of termination due to disciplinary action. So be sure of facts and go ahead for the case.
Manoj
From India, Delhi
Dear Pandey Sir,
I have got my appointment letter, the clause for termination of services is mentioned one month notice period to be given on both the sides.
But in my case they did not give prior notice nor one month salary, Also in my termination letter the company have mentioned the reason that "downsizing/cost cutting", but the company's business going very well, since i was in Admin-operations, i know company income. Also they didnt give opportunity to talk to them & not done any discussion with me & even the management have not given time to search for new employment. kindly advise is it legal what the company have done for me..? when i asked for the settlement of salary (also i supposed to receive Bonus for that particular year) & bonus, then the company replied me that "there is no any settlement from the company".
Kindly advise me whether the judgement will come on my favour, as the case is still there in "LABOUR COURT".
My Date of Joining : 26 May 2008
Last Date in the Company worked : 30 November 2011.
is i entitled for any dues from the company..? i have received only my November 2011 month salary (they supposed to pay December 2011 salary & bonus).
Kindly advise as I have requested the Labour Court to pass order to issue 50% of my salary from the company till the case comes to Judgement.
your kind advise is most appreciated.....
From India, Bangalore
I have got my appointment letter, the clause for termination of services is mentioned one month notice period to be given on both the sides.
But in my case they did not give prior notice nor one month salary, Also in my termination letter the company have mentioned the reason that "downsizing/cost cutting", but the company's business going very well, since i was in Admin-operations, i know company income. Also they didnt give opportunity to talk to them & not done any discussion with me & even the management have not given time to search for new employment. kindly advise is it legal what the company have done for me..? when i asked for the settlement of salary (also i supposed to receive Bonus for that particular year) & bonus, then the company replied me that "there is no any settlement from the company".
Kindly advise me whether the judgement will come on my favour, as the case is still there in "LABOUR COURT".
My Date of Joining : 26 May 2008
Last Date in the Company worked : 30 November 2011.
is i entitled for any dues from the company..? i have received only my November 2011 month salary (they supposed to pay December 2011 salary & bonus).
Kindly advise as I have requested the Labour Court to pass order to issue 50% of my salary from the company till the case comes to Judgement.
your kind advise is most appreciated.....
From India, Bangalore
In this case Amudha, you will get payment for one month's notice. As far as bonus, it depends on the company HR policy, which would be in black and white. Ask one of your colleagues to get you the HR polcy and check the entitlement of bonus. Some companies have a clause of serving for minimum 6 months before bonus becomes due, some only pay to employees on the rolls on a particular date.
Don't worry, the case is your favour, unless they can prove some wrongdoing on your part.
However, I am not sure if your case would be decided by the labour court (I am really not sure, as have never studied the jurisdiction of labour courts). Since you are a staff member, working on an offer letter accepted by you, it will surely come under breach of contract. So keep cool and go through the proceedings. if labour court refuses to entertain the application due to jurisdictional issues, go to the local court and file a simple breach of contract case, based on your offer letter.
Their HR Department is very poor, otherwise they should have called you and counselled you on the impending termination and given you an opportunity to find another job. resignations and terminations are a common practice in the corporate world. the payout is not too much and the employee goes out without the feeling of being cheated.
From India, Delhi
Don't worry, the case is your favour, unless they can prove some wrongdoing on your part.
However, I am not sure if your case would be decided by the labour court (I am really not sure, as have never studied the jurisdiction of labour courts). Since you are a staff member, working on an offer letter accepted by you, it will surely come under breach of contract. So keep cool and go through the proceedings. if labour court refuses to entertain the application due to jurisdictional issues, go to the local court and file a simple breach of contract case, based on your offer letter.
Their HR Department is very poor, otherwise they should have called you and counselled you on the impending termination and given you an opportunity to find another job. resignations and terminations are a common practice in the corporate world. the payout is not too much and the employee goes out without the feeling of being cheated.
From India, Delhi
Dear Cite team,
I work in a company in India, Dehradun as a GRAPHIC DESIGNER. As it is an MNC we and Its a NIGHT SHIFT job we have a 5 day work week system. On Friday starting shift My boss asked me that he wanted to talk to me on Friday because of some reason which he did not State.
On Monday Shift he called me in his office and his first words were "Gaurav, I have bad news, We are letting you go" without any warning. It came to me as a shock then. He said I am being terminated because of "Major Performance Issues" regarding my work.
All I do not understand is that how can he just call me and let me that " I am being let go". He also said that I can also go home today if I wanted. I mean it was a bit insensitive. The tone was kind of sounded rude to me.
Then he went on to state all the things associated to my termination. He gave me no notice as of the termination and I also wanted to know if there anything can be done as you know because of normal daily expenses and looking for another job becomes difficult altogether. He also said to me to come tomorrow and collect my Experience letter and completion of all the documents.
What should I do. Please advice. As everybody says I do good work and even my manager says that
.We have been getting positive feedback from everywhere mostly. What should I do.
Regards
From India, Dehradun
I work in a company in India, Dehradun as a GRAPHIC DESIGNER. As it is an MNC we and Its a NIGHT SHIFT job we have a 5 day work week system. On Friday starting shift My boss asked me that he wanted to talk to me on Friday because of some reason which he did not State.
On Monday Shift he called me in his office and his first words were "Gaurav, I have bad news, We are letting you go" without any warning. It came to me as a shock then. He said I am being terminated because of "Major Performance Issues" regarding my work.
All I do not understand is that how can he just call me and let me that " I am being let go". He also said that I can also go home today if I wanted. I mean it was a bit insensitive. The tone was kind of sounded rude to me.
Then he went on to state all the things associated to my termination. He gave me no notice as of the termination and I also wanted to know if there anything can be done as you know because of normal daily expenses and looking for another job becomes difficult altogether. He also said to me to come tomorrow and collect my Experience letter and completion of all the documents.
What should I do. Please advice. As everybody says I do good work and even my manager says that
.We have been getting positive feedback from everywhere mostly. What should I do.
Regards
From India, Dehradun
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx