Your workplace seems to be in Haryana and thus governed by the Punjab Shops and Establishment Act. Prima facie, under section 22 of the Act, your termination is illegal and without reasonable cause. Even though there was an allegation of non-performance, it should have been proved through charges leveled against you. If it was a termination simplicitor, then even one month's pay had to be given with reasonable cause. If challenged under this Act, you can be awarded two months' wages. If you are covered under the definition of a workman, then challenge it under the ID Act, wherein you can be reinstated with back wages depending on the circumstances of the case. After your resignation, you were entitled to be relieved after one month in view of section 23 of the Shops Act.
Thanks,
Sushil
From India, New Delhi
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236Thanks,
Sushil
From India, New Delhi
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Hi Dikshit,
Please share your number with me as I am facing these issues since March '13... maybe we can help each other.
A big MNC where I used to work 2 years back has waived off my leave salary along with my unserved notice period salary when they themselves did not allow me to serve my notice period. I am in high grief and anger and want to teach them a lesson forever. What path should I follow?
From India, Delhi
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Please share your number with me as I am facing these issues since March '13... maybe we can help each other.
A big MNC where I used to work 2 years back has waived off my leave salary along with my unserved notice period salary when they themselves did not allow me to serve my notice period. I am in high grief and anger and want to teach them a lesson forever. What path should I follow?
From India, Delhi
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Certainly! Here is the revised version of your text:
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Cite4,
There are remedies in law for violations. I would ask you, how much did this act of your former employer affect you in terms of money and any other impact? As far as trying to teach MNC a lesson, it would have no impact. Recent high-profile cases and how they have managed to tackle the fallout of their actions are an indication. Their lawyer will fight it out in court and get paid. The company will treat this expenditure as a business expense.
I would advise you to move on with life and realize that life and people are imperfect. Focus on your professional growth, personal growth, and forget bad memories but learn from them.
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I have corrected the spelling, grammar, and formatting according to your requirements. Let me know if you need further assistance.
From India, Pune
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---
Cite4,
There are remedies in law for violations. I would ask you, how much did this act of your former employer affect you in terms of money and any other impact? As far as trying to teach MNC a lesson, it would have no impact. Recent high-profile cases and how they have managed to tackle the fallout of their actions are an indication. Their lawyer will fight it out in court and get paid. The company will treat this expenditure as a business expense.
I would advise you to move on with life and realize that life and people are imperfect. Focus on your professional growth, personal growth, and forget bad memories but learn from them.
---
I have corrected the spelling, grammar, and formatting according to your requirements. Let me know if you need further assistance.
From India, Pune
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Hi NathRao, Thanks for your reply! If I aggregate the salary for the notice period that remained unserved & my leave salary, it comes out to be about Rs. 32,000. They even made me sign an NDC to secure themselves, which I had to sign and send via mail in order to get my relieving letter. They put this condition in an email, so that evidence I have against them for playing with my career, something no company has the right to do. This also renders the NDC I shared with them null & void because I did not have any other choice but to agree. They also sent me my relieving letter 4 months after my Last Working Day, which is unacceptable as they themselves have a policy of 45 days.
From India, Delhi
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From India, Delhi
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It is nice to see that you are putting up a fight for your rights. I advise seeking a lawyer's advice and sending a legal notice claiming your dues and informing the subsequent flow of events in the proper prescribed format to the HR Department of your previous employer, with a copy marked to the labor department.
Hoping your issues are resolved without much hassle.
Take care,
SOURAV MUKHERJEE
From India, Bangalore
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Hoping your issues are resolved without much hassle.
Take care,
SOURAV MUKHERJEE
From India, Bangalore
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Hi, I have worked for a company for almost 4 months, and I was unwell on duty because my boss sent me to a place to buy a few things in 45-degree heat. There I became unconscious and sent a message to my boss and HR the next day. I also sent my medical certificate and fitness report. However, my boss claimed that my medical certificate was fake. On the day I rejoined after my illness, I was shocked to find out that he had terminated my services without notice on medical grounds.
I have filed a complaint with the Labor Department. Please help me draft a letter to the Labor Commissioner regarding my 1-month notice period pay.
Thanks,
Mita Narayan
From India, Delhi
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I have filed a complaint with the Labor Department. Please help me draft a letter to the Labor Commissioner regarding my 1-month notice period pay.
Thanks,
Mita Narayan
From India, Delhi
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On what basis did your boss declare your medical certificate false? Is he a doctor? He cannot terminate your service without giving you notice. If the facts you mention are true, a good lawyer can get you justice.
From India, Pune
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From India, Pune
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Dear Dikshit,
At the outset, your post is not clear in many aspects.
1. When did you join the company, and how long have you served the company?
2. Did the company serve any termination letter to you, and what is the reason mentioned in it? (I am sure that no company will terminate any associate just for not attending the office on one day, as it will not stand in the court of law if the associate challenges this in any court.)
3. Even if you worked for more than one month, you will find your PF and ESI numbers on your payslip given to you.
4. When the situation happened in Sep 2011, why are you bringing this to the forum now after almost 4 years?
5. Did you join any other company after Sep 2011? If so, how did the new company allow you to join without a proper relieving letter, etc.?
6. Were you recruited as a regular employee or on a contract basis or through a third-party contract?
Before proceeding to any labor tribunal or court, please check the limitation act. If I am not wrong, this is time-lapsed, and the law of limitation will be applicable.
The reason mentioned by you for not attending the office on a week off due to the Telangana issue may not be found proper by the company, as all other employees can attend the office on that day. Why couldn't you?
Keeping in view of all these points, don't proceed with any legal actions against the company without having all sufficient proofs, which may spoil your career. Make sure that there is no fault of yours in any way, like malpractice, BGC red flags, etc.
From India, Hyderabad
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At the outset, your post is not clear in many aspects.
1. When did you join the company, and how long have you served the company?
2. Did the company serve any termination letter to you, and what is the reason mentioned in it? (I am sure that no company will terminate any associate just for not attending the office on one day, as it will not stand in the court of law if the associate challenges this in any court.)
3. Even if you worked for more than one month, you will find your PF and ESI numbers on your payslip given to you.
4. When the situation happened in Sep 2011, why are you bringing this to the forum now after almost 4 years?
5. Did you join any other company after Sep 2011? If so, how did the new company allow you to join without a proper relieving letter, etc.?
6. Were you recruited as a regular employee or on a contract basis or through a third-party contract?
Before proceeding to any labor tribunal or court, please check the limitation act. If I am not wrong, this is time-lapsed, and the law of limitation will be applicable.
The reason mentioned by you for not attending the office on a week off due to the Telangana issue may not be found proper by the company, as all other employees can attend the office on that day. Why couldn't you?
Keeping in view of all these points, don't proceed with any legal actions against the company without having all sufficient proofs, which may spoil your career. Make sure that there is no fault of yours in any way, like malpractice, BGC red flags, etc.
From India, Hyderabad
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Dear RSKAIPA36,
Firstly, thank you for taking the time to share your valuable inputs.
Well, let me answer the questions raised above on a point-by-point basis.
1) I joined the company in March 2011 and served until September 2011.
2) The company did not provide a formal termination letter; instead, they proceeded to revoke my access to the biometric system, email, computer, and stopped my salary.
3) Since I was on a third-party payroll, my principal employer was supposed to issue me a payslip, which never happened.
4) The issue was raised in October 2011, not now.
5) Yes, I did join another organization based on the relieving letter and other formal documents I received after pursuing it legally and with court intervention.
6) Please refer to point no. 3.
I hope this is clearer now.
From India, Hyderabad
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Firstly, thank you for taking the time to share your valuable inputs.
Well, let me answer the questions raised above on a point-by-point basis.
1) I joined the company in March 2011 and served until September 2011.
2) The company did not provide a formal termination letter; instead, they proceeded to revoke my access to the biometric system, email, computer, and stopped my salary.
3) Since I was on a third-party payroll, my principal employer was supposed to issue me a payslip, which never happened.
4) The issue was raised in October 2011, not now.
5) Yes, I did join another organization based on the relieving letter and other formal documents I received after pursuing it legally and with court intervention.
6) Please refer to point no. 3.
I hope this is clearer now.
From India, Hyderabad
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