Share the clause which was there in your offer letter regarding notice period,if they clearly mentioned as they can terminate your service with or without notice at anytime. Then,it is waste of time to approach lawyer.
From India, Chennai
6From India, Chennai
Thanks a lot for your suggestions.
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
From India, Jaipur
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
From India, Jaipur
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
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
You can probably file a case against the individual.
Consult a lawyer at earliest.
If MNC job which you rejected is still open think to join there.
This job of 18 Days is a wastage of time.In my personal opinion,forget it and move ahead.
Not worth fighting it legally also.
You need to examine all job offers very carefully.
Whole set up seems to be in setting up stage and things have not been formalised.
From India, Pune
Consult a lawyer at earliest.
If MNC job which you rejected is still open think to join there.
This job of 18 Days is a wastage of time.In my personal opinion,forget it and move ahead.
Not worth fighting it legally also.
You need to examine all job offers very carefully.
Whole set up seems to be in setting up stage and things have not been formalised.
From India, Pune
Hello Sarala,
Like Nathrao suggested just FORGET THIS & move on.
A word of caution--next time DON'T ignore carrying out a 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 exp in your resume.
I recollect 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' & the son had to listen to him I guess].....in the end we stopped servicing them & the Company also closed down.
As a general Rule, be doubly cautious where family members are a part of the Core management team. Problems @ home can effect the office working & it's HR who gets hit/blamed. And this is in addition to the gen gap the older relatives quite often have of understanding the modern-day technologies/practices [though I surely WON'T generalize this aspect].
All the Best.
Rgds,
TS
From India, Hyderabad
Like Nathrao suggested just FORGET THIS & move on.
A word of caution--next time DON'T ignore carrying out a 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 exp in your resume.
I recollect 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' & the son had to listen to him I guess].....in the end we stopped servicing them & the Company also closed down.
As a general Rule, be doubly cautious where family members are a part of the Core management team. Problems @ home can effect the office working & it's HR who gets hit/blamed. And this is in addition to the gen gap the older relatives quite often have of understanding the modern-day technologies/practices [though I surely WON'T generalize this aspect].
All the Best.
Rgds,
TS
From India, Hyderabad
Thanks a lot for your suggestions.
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
Posted 6th July 2015
From India, Jaipur
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
Posted 6th July 2015
From India, Jaipur
Shobit,
Para 1
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 sooner the issue is sorted out or converted into 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 court battles are expensive and time consuming.
This in itself puts off many from enforcing legal rights.Also this fact is taken advantage by unscrupluous employers against individual employee.
From India, Pune
Para 1
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 sooner the issue is sorted out or converted into 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 court battles are expensive and time consuming.
This in itself puts off many from enforcing legal rights.Also this fact is taken advantage by unscrupluous employers against individual employee.
From India, Pune
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