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 an appointment letter and continuity of service from her bank statement. She can approach the labor authorities and make a complaint that she was not issued salary slips, identity card, etc. while in service. As you have not issued her any relieving letter, she can also claim that she has been refused employment even though she wants to work with the organization or has been terminated without complying with the principles of natural justice.
She can also approach the labor court, and rest assured that the court will not decide, in the first place, if the employee was a workman or not, as the contention of the employer that she is not a workman will have to be substantiated by the employer. To prove that, as you have mentioned, you do not have any strong evidence. Furthermore, there is no evidence with you to establish that the employer-employee relationship has ended since neither you have accepted the resignation letter nor have you issued a termination letter. The 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 the law. In the first place, you will have to prove that she was your employee by producing documents like an appointment letter, salary slips, identity card, etc.
My sincere advice:
1. Comply with her requests for a proper relieving letter and any other required documents.
2. In the future, handle separations with utmost caution and be more professional.
Regards,
Preetam Deshpande
From India, Mumbai
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133In 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 an appointment letter and continuity of service from her bank statement. She can approach the labor authorities and make a complaint that she was not issued salary slips, identity card, etc. while in service. As you have not issued her any relieving letter, she can also claim that she has been refused employment even though she wants to work with the organization or has been terminated without complying with the principles of natural justice.
She can also approach the labor court, and rest assured that the court will not decide, in the first place, if the employee was a workman or not, as the contention of the employer that she is not a workman will have to be substantiated by the employer. To prove that, as you have mentioned, you do not have any strong evidence. Furthermore, there is no evidence with you to establish that the employer-employee relationship has ended since neither you have accepted the resignation letter nor have you issued a termination letter. The 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 the law. In the first place, you will have to prove that she was your employee by producing documents like an appointment letter, salary slips, identity card, etc.
My sincere advice:
1. Comply with her requests for a proper relieving letter and any other required documents.
2. In the future, handle separations with utmost caution and be more professional.
Regards,
Preetam Deshpande
From India, Mumbai
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Respected all,
My weekly off is on Thursday, and I am on leave from Friday to Wednesday, returning to the office on Friday. Therefore, my question is whether I can avail of my Thursday weekly off or not. All my leaves are considered as EL (Paid Leave). During this period, can I enjoy two Thursday offs or should one day be deducted? Please suggest me as soon as possible.
From India, Delhi
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My weekly off is on Thursday, and I am on leave from Friday to Wednesday, returning to the office on Friday. Therefore, my question is whether I can avail of my Thursday weekly off or not. All my leaves are considered as EL (Paid Leave). During this period, can I enjoy two Thursday offs or should one day be deducted? Please suggest me as soon as possible.
From India, Delhi
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Thanks to all for the replies.
I also came to know that whenever she asked for documents, the previous HR used to tell her that she had not resigned (even though the HR had asked her to resign verbally) and that she was terminated. The HR also used to ask for files (which she said were her personal reference files) to be deleted. The employee had worked with the company for around three years.
Additionally, when a call came for her background verification, the HR gave very negative feedback (stating she had performance issues and attitude problems).
In this case:
1. Can any legal action be taken against her? If yes, what steps can be taken?
2. Can she take any legal action? Note that she has her appointment letter and bank statements but does not have an identity card or salary slips. Can she request her documents and the salary for the month she worked? If yes, what steps can she take?
From India, Mumbai
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I also came to know that whenever she asked for documents, the previous HR used to tell her that she had not resigned (even though the HR had asked her to resign verbally) and that she was terminated. The HR also used to ask for files (which she said were her personal reference files) to be deleted. The employee had worked with the company for around three years.
Additionally, when a call came for her background verification, the HR gave very negative feedback (stating she had performance issues and attitude problems).
In this case:
1. Can any legal action be taken against her? If yes, what steps can be taken?
2. Can she take any legal action? Note that she has her appointment letter and bank statements but does not have an identity card or salary slips. Can she request her documents and the salary for the month she worked? If yes, what steps can she take?
From India, Mumbai
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