Dear Member
In all the posts your concern has been whether the employee , who was asked to resign unceremoniously , can file a complaint against the company and the answer to the same is a big YES.
She can prove her employment on the basis of appointment letter and continuity of service from her bank statement. She can approach the labour authorities and make a complaint that she was not issued salary slips, identity card etc. while in service and as you have not issued her any relieving letter etc. can also claim that she has been refused employment although she wants to work with the organisation or has been terminated without complying with the principals of natural justice.
She can also approach the labour court and rest assured that court will not decide , in first place , if the employee was a workmen or not as the contention of the employer that she is not a workmen will have to be substantiated by the employer and to prove that , as you have mentioned , you do not have any strong evidence. Further more there is no evidence with you to establish that the employer-employee relationship has ended as neither you have not accepted the resignation letter nor you have issued a termination letter. Court may also direct the employer for reinstatement along with back wages and any future termination by the employer would be very difficult.
On the other hand , if you file a case against her , you would be exposing yourself to law as in first place you will have to prove that she was your employee by producing the documents like appointment letter, salary slips, identity card etc.
My sincere advice,
1. Comply with her requests of a proper relieving letter and any other document that is required.
2. In future do separations with utmost caution and be more professional.
Regards
Preetam Deshpande
From India, Mumbai
130In all the posts your concern has been whether the employee , who was asked to resign unceremoniously , can file a complaint against the company and the answer to the same is a big YES.
She can prove her employment on the basis of appointment letter and continuity of service from her bank statement. She can approach the labour authorities and make a complaint that she was not issued salary slips, identity card etc. while in service and as you have not issued her any relieving letter etc. can also claim that she has been refused employment although she wants to work with the organisation or has been terminated without complying with the principals of natural justice.
She can also approach the labour court and rest assured that court will not decide , in first place , if the employee was a workmen or not as the contention of the employer that she is not a workmen will have to be substantiated by the employer and to prove that , as you have mentioned , you do not have any strong evidence. Further more there is no evidence with you to establish that the employer-employee relationship has ended as neither you have not accepted the resignation letter nor you have issued a termination letter. Court may also direct the employer for reinstatement along with back wages and any future termination by the employer would be very difficult.
On the other hand , if you file a case against her , you would be exposing yourself to law as in first place you will have to prove that she was your employee by producing the documents like appointment letter, salary slips, identity card etc.
My sincere advice,
1. Comply with her requests of a proper relieving letter and any other document that is required.
2. In future do separations with utmost caution and be more professional.
Regards
Preetam Deshpande
From India, Mumbai
Respected all ,
my weekely off on thursday , and i am on leave friday to wednesday and join my office on friday.so my question that i can avail my thursday w/off or not. my all leave are as considered EL (Paid Leave ).During this period i enjoy 2 thursday w/off or deduct my 1 day. please suggest me as soon as possiable.
From India, Delhi
my weekely off on thursday , and i am on leave friday to wednesday and join my office on friday.so my question that i can avail my thursday w/off or not. my all leave are as considered EL (Paid Leave ).During this period i enjoy 2 thursday w/off or deduct my 1 day. please suggest me as soon as possiable.
From India, Delhi
Thanks for all for the reply.
Also, I came to know that whenever she has asked for document the previous HR used to tell her that you have not resigned(even though the HR has asked her to resign verbally) you are terminated.And also use to ask for the files(which she said that was her personal reference files) deleted.
The employee was worked with company for around three years
Also, when once the phone came for her background verification, the HR had given very bad feedback(said she had performance issue,attitude problem).
In this case
1. Can we take any legal action can be taken against her.If yes what?
2. Can she take any legal action(note she does has appointment letter,bank statement but does not have identity card,salary slips) to get documents and salary of the month she has worked.If yes what?
From India, Mumbai
Also, I came to know that whenever she has asked for document the previous HR used to tell her that you have not resigned(even though the HR has asked her to resign verbally) you are terminated.And also use to ask for the files(which she said that was her personal reference files) deleted.
The employee was worked with company for around three years
Also, when once the phone came for her background verification, the HR had given very bad feedback(said she had performance issue,attitude problem).
In this case
1. Can we take any legal action can be taken against her.If yes what?
2. Can she take any legal action(note she does has appointment letter,bank statement but does not have identity card,salary slips) to get documents and salary of the month she has worked.If yes what?
From India, Mumbai
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