Hi,
Can anyone clarify the following issue for me?
If a person has been terminated on disciplinary grounds without being given notice (where the scenario is that there are suspicions of the employee engaging in freelancing using company resources), and the employee is now struggling to receive his salary for the served month, his PF amount (considering he has been working for 2 years), and a relieving letter.
The company claims to have evidence but has not shown it to the employee nor accepted his explanations. After a lengthy discussion, the employer has agreed to pay his salary but not the PF amount.
Could anyone advise if he can demand his PF amount and a relieving letter?
Thank you.
From India, Hyderabad
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3Can anyone clarify the following issue for me?
If a person has been terminated on disciplinary grounds without being given notice (where the scenario is that there are suspicions of the employee engaging in freelancing using company resources), and the employee is now struggling to receive his salary for the served month, his PF amount (considering he has been working for 2 years), and a relieving letter.
The company claims to have evidence but has not shown it to the employee nor accepted his explanations. After a lengthy discussion, the employer has agreed to pay his salary but not the PF amount.
Could anyone advise if he can demand his PF amount and a relieving letter?
Thank you.
From India, Hyderabad
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Starting in August, suddenly I was handed a termination letter from my previous company (company type - Proprietor) stating under-performance, which is incorrect as my monthly targets always exceeded the given figures (e.g., Monthly Sales Target - Month of April - 2.5L, achieved 3.75L; Month of May - 2.5L, achieved 4.10L, Month of June - 3.0L, achieved 4.40L; Month of July - 3.0L, achieved 4.95L) & in August - a surprise gift.
The company also paid salaries very late (they had promised by the 10th upon joining). For example, the salary for May '13 was given on 26th June '13. Later, I found out about its bad reputation in the market for "Check bounce" issues with suppliers.
Given these facts, how can I claim my basic rights, such as salary, from a Proprietor company, or at least teach the MD a lesson for cheating employees and prevent others from facing the same situation? (I must mention that I recently had a tough conversation with the MD, where he stated he would not pay me any money and asked me to do as I please).
Despite moving to another company (after a 20-day wait), which offers benefits like PF, timely salaries, and a structured growth plan - being a Limited company, I want to understand how to evaluate companies practically to avoid a similar situation.
I highly value all your esteemed suggestions and advice as I do not want to fall into a similar situation again.
Thank you.
Regards,
Amartya Chaudhury
From India, Kolkata
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The company also paid salaries very late (they had promised by the 10th upon joining). For example, the salary for May '13 was given on 26th June '13. Later, I found out about its bad reputation in the market for "Check bounce" issues with suppliers.
Given these facts, how can I claim my basic rights, such as salary, from a Proprietor company, or at least teach the MD a lesson for cheating employees and prevent others from facing the same situation? (I must mention that I recently had a tough conversation with the MD, where he stated he would not pay me any money and asked me to do as I please).
Despite moving to another company (after a 20-day wait), which offers benefits like PF, timely salaries, and a structured growth plan - being a Limited company, I want to understand how to evaluate companies practically to avoid a similar situation.
I highly value all your esteemed suggestions and advice as I do not want to fall into a similar situation again.
Thank you.
Regards,
Amartya Chaudhury
From India, Kolkata
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Dear Karthy,
As Madhu Sir mentioned, no worker can be dismissed on the grounds of indiscipline without conducting a domestic inquiry against them. This provision is made under the ID Act.
However, in the event that you no longer wish to have him work, you can suspend him pending an inquiry and arrange for the inquiry proceedings to take place subsequently. Following the completion of all processes, he can be dismissed according to the findings in the reports.
Thank you,
Mangesh Wakodkar
Aurangabad
From India, Pune
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As Madhu Sir mentioned, no worker can be dismissed on the grounds of indiscipline without conducting a domestic inquiry against them. This provision is made under the ID Act.
However, in the event that you no longer wish to have him work, you can suspend him pending an inquiry and arrange for the inquiry proceedings to take place subsequently. Following the completion of all processes, he can be dismissed according to the findings in the reports.
Thank you,
Mangesh Wakodkar
Aurangabad
From India, Pune
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Dear Sir,
I would like to know if an employee who has been working in an organization for the past 4 years can be terminated without paying any severance pay under the following circumstances:
1. He is a constant latecomer to work.
2. He takes uninformed leaves in a month.
3. He approaches clients of the organization and tries to degrade the name of the employer and his services.
He has been issued a letter of warning for the same, and still, there seems to be no improvement from his side. Your input on the above will be very helpful.
Regards,
Suraj
From India, Mumbai
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I would like to know if an employee who has been working in an organization for the past 4 years can be terminated without paying any severance pay under the following circumstances:
1. He is a constant latecomer to work.
2. He takes uninformed leaves in a month.
3. He approaches clients of the organization and tries to degrade the name of the employer and his services.
He has been issued a letter of warning for the same, and still, there seems to be no improvement from his side. Your input on the above will be very helpful.
Regards,
Suraj
From India, Mumbai
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On these grounds, you can very well frame charges and ask the employee to reply and conduct an inquiry if required. Then take a call of terminating him. At the same time, if you had not given any warning letter or conducted any inquiry based on the reports available after giving him a charge sheet narrating the charges, your act of terminating will be viewed as illegal. The charge-sheeted employee should be given opportunities to be heard before any action is taken against him.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Thank you very much for writing back. I would appreciate it if you could also shed some light on the following:
After the inquiry, if the employee is still found to be at fault, can he be terminated? If so, I would like to know if the organization is still liable to pay severance pay to the employee.
Regards,
Suraj
From India, Mumbai
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After the inquiry, if the employee is still found to be at fault, can he be terminated? If so, I would like to know if the organization is still liable to pay severance pay to the employee.
Regards,
Suraj
From India, Mumbai
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Occurrence of misconduct can be viewed as 'habitual,' but that itself will not lead to termination without holding an inquiry. You have to conduct another inquiry, and certainly, in that inquiry, the precedence shall be strong evidence against him, which can be used to arrive at a punishment this time.
If the termination is after conducting an inquiry and as punishment, then severance pay need not be paid. However, at the same time, an employee eligible for gratuity should be paid gratuity even if he has been terminated following an inquiry, other than for those gross misconducts involving moral turpitude or violent behavior or such acts causing damage to company property.
Madhu.T.K
From India, Kannur
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If the termination is after conducting an inquiry and as punishment, then severance pay need not be paid. However, at the same time, an employee eligible for gratuity should be paid gratuity even if he has been terminated following an inquiry, other than for those gross misconducts involving moral turpitude or violent behavior or such acts causing damage to company property.
Madhu.T.K
From India, Kannur
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Hi Gauri,
This cannot be done. Blacklisting candidates for mere "no-shows" at interviews and not responding after accepting an offer (which may not necessarily be considered unprofessional behavior) is not feasible. Publishing such candidate names could lead to legal issues for the firm and is not justifiable. While we understand the challenges of recruiting, including meeting targets, generating revenue, and client pressure, from a professional standpoint, this approach is not acceptable.
My suggestion regarding this issue would be to analyze the needs of prospective employees before recruitment/interviews. A smart recruiter, without rushing, can conduct a thorough needs analysis, which could significantly reduce the problem of no-shows. On the other hand, a lack of response after receiving an offer is entirely the candidate's prerogative; not responding is a way of indicating, "I may not accept your offer."
Please feel free to reach out if you need further assistance.
Best regards,
[Your Name]
From India, Bangalore
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This cannot be done. Blacklisting candidates for mere "no-shows" at interviews and not responding after accepting an offer (which may not necessarily be considered unprofessional behavior) is not feasible. Publishing such candidate names could lead to legal issues for the firm and is not justifiable. While we understand the challenges of recruiting, including meeting targets, generating revenue, and client pressure, from a professional standpoint, this approach is not acceptable.
My suggestion regarding this issue would be to analyze the needs of prospective employees before recruitment/interviews. A smart recruiter, without rushing, can conduct a thorough needs analysis, which could significantly reduce the problem of no-shows. On the other hand, a lack of response after receiving an offer is entirely the candidate's prerogative; not responding is a way of indicating, "I may not accept your offer."
Please feel free to reach out if you need further assistance.
Best regards,
[Your Name]
From India, Bangalore
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I have Question like if Employee left job and with in one year if company can refuse to pay his last month salary
From India, Mumbai
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From India, Mumbai
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Company cannot refuse to pay the salary for the period one has actually worked. Therefore, the question of one year or one month does not arise. The employer is supposed to make payment of wages of a left employee within 48 hours of his leaving the company.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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