Dear Saswata Please search and you shall find what you wish to know. Regards Octavious
From India, Mumbai
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592From India, Mumbai
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1. You have already taken action i.e. termination of service; now you cannot change the reason.
2. Termination seems to be under termination simpliciter condition by referring to terms of appointment.
3. In such cases, the employee needs to pay the notice period.
4. However, if you have referred to specific allegations/misconduct as stated above, i.e., misappropriation of funds, you could have withheld his dues subject to holding an inquiry and proving the alleged charges in his termination letter.
Regards, Suresh K. Singh
From India, Mumbai
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2. Termination seems to be under termination simpliciter condition by referring to terms of appointment.
3. In such cases, the employee needs to pay the notice period.
4. However, if you have referred to specific allegations/misconduct as stated above, i.e., misappropriation of funds, you could have withheld his dues subject to holding an inquiry and proving the alleged charges in his termination letter.
Regards, Suresh K. Singh
From India, Mumbai
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If you claim there are judgments of a certain matter, you should be able to share the link for the same. Telling the forum to search on its own means you don’t actually know of any such case.
From India, Mumbai
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From India, Mumbai
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Dear Anonymous,
I agree with the comments given by senior members. I think a few points were missed which need to be clarified.
(1) Have you resigned immediately after the incident of this misconduct (as stated by you) or was this done 4 months prior to your termination? It might be possible that during the internal inquiry, you submitted the resignation, and that's why the employer rejected your resignation, terminated your employment, and held your amount.
(2) On the contrary, did the employer not want to pay you salary for 4 months and terminate you harshly?
(3) You were on probation. We would like to know for how long you worked with that organization. As you were on probation, if your organization alleged you for such misconduct (for giving a bribe against the organization) within a short span in the organization, it's conceivable.
Before taking any litigation, you have to think and act on the actual incident. If you are at fault, we need to suggest what action needs to be taken further. Legal action will take a lot of time and money, but if you are innocent and want to vindicate yourself, you can proceed with litigation. You can also send a formal notice through a lawyer to resolve the issue within a specific timeframe as it has already taken a long time. Please keep in mind it's a lengthy procedure, and in most cases, it doesn't significantly affect the organization.
An internal committee must be formed by the organization to prove the incident within a stipulated time of 1-2 months. If you are looking for a specific clause to mention holding the salary in major misconducts, then I think you are moving in the wrong direction. They may just be delaying to bother you.
However, as per the INDUSTRIAL EMPLOYMENT (STANDING ORDERS), CENTRAL RULES, 1946, Notification No. L.R. 11 (37), dated the 18th December 1946, Para 14 is given below, but we need to know if your employment will be applicable here or not. Please note, the allegation on your employment falls under the major misconduct of any law (employment).
I also request senior members to correct/suggest my views.
From India, Indore
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I agree with the comments given by senior members. I think a few points were missed which need to be clarified.
(1) Have you resigned immediately after the incident of this misconduct (as stated by you) or was this done 4 months prior to your termination? It might be possible that during the internal inquiry, you submitted the resignation, and that's why the employer rejected your resignation, terminated your employment, and held your amount.
(2) On the contrary, did the employer not want to pay you salary for 4 months and terminate you harshly?
(3) You were on probation. We would like to know for how long you worked with that organization. As you were on probation, if your organization alleged you for such misconduct (for giving a bribe against the organization) within a short span in the organization, it's conceivable.
Before taking any litigation, you have to think and act on the actual incident. If you are at fault, we need to suggest what action needs to be taken further. Legal action will take a lot of time and money, but if you are innocent and want to vindicate yourself, you can proceed with litigation. You can also send a formal notice through a lawyer to resolve the issue within a specific timeframe as it has already taken a long time. Please keep in mind it's a lengthy procedure, and in most cases, it doesn't significantly affect the organization.
An internal committee must be formed by the organization to prove the incident within a stipulated time of 1-2 months. If you are looking for a specific clause to mention holding the salary in major misconducts, then I think you are moving in the wrong direction. They may just be delaying to bother you.
However, as per the INDUSTRIAL EMPLOYMENT (STANDING ORDERS), CENTRAL RULES, 1946, Notification No. L.R. 11 (37), dated the 18th December 1946, Para 14 is given below, but we need to know if your employment will be applicable here or not. Please note, the allegation on your employment falls under the major misconduct of any law (employment).
I also request senior members to correct/suggest my views.
From India, Indore
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Dear Saswata Hard work pays rich dividends, hope I have made my point clear to you. Regards Octavious
From India, Mumbai
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From India, Mumbai
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I, on the other hand, believe you should not put out misleading posts on the forum that will result in someone working on a wrong or unjustified assumption. So please show us the judgment that you claim says an employer must sell his personal property to pay wages of workers, or remove that post.
From India, Mumbai
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From India, Mumbai
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Dear Saswata,
You would appreciate the fact that I have, till now, dealt with you in a professional manner. I would counsel you against making baseless allegations against me. If you want to be heard and taken seriously by forum members, then handle differences of opinion in a more well-thought-out manner. I recommend you refrain from making baseless allegations of me misleading people/members, as it will not help you gain the respect of other members of the forum.
If you want to carve a niche for yourself, then do so by showcasing your strengths, ability, and capability. I am confident in what I have stated, and I feel that I have passed the stage where I feel the need to dazzle educated members of this forum with my brilliance.
The post will remain as it is and where it is, and will not be deleted. If you wish, you can search the judgment and satisfy your doubts. Period.
Regards,
Octavious
From India, Mumbai
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You would appreciate the fact that I have, till now, dealt with you in a professional manner. I would counsel you against making baseless allegations against me. If you want to be heard and taken seriously by forum members, then handle differences of opinion in a more well-thought-out manner. I recommend you refrain from making baseless allegations of me misleading people/members, as it will not help you gain the respect of other members of the forum.
If you want to carve a niche for yourself, then do so by showcasing your strengths, ability, and capability. I am confident in what I have stated, and I feel that I have passed the stage where I feel the need to dazzle educated members of this forum with my brilliance.
The post will remain as it is and where it is, and will not be deleted. If you wish, you can search the judgment and satisfy your doubts. Period.
Regards,
Octavious
From India, Mumbai
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Simple Questions and Few Facts:
1. The termination letter says the following as highlighted:
Sub: Termination of Services
Thank you for your contribution with XXXXXXXX to date. The management has decided that we no longer require your services. Please take this as official notice, as of DATE, and you are hereby relieved from your services from today (i.e. 17th October 2014) onward. You are requested to hand over the company assets to the concerned department. Thank you for your esteemed services once again.
Thanks and Regards,
2. I was under probation, and resignation was given on 16th Oct 14 (Asking for Pending Salaries, on my last day)
Question (Please Help): How to join a new organization with this termination letter and what reason can I give the new organization for not having a relieving letter.
Please help !!
From India, Delhi
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1. The termination letter says the following as highlighted:
Sub: Termination of Services
Thank you for your contribution with XXXXXXXX to date. The management has decided that we no longer require your services. Please take this as official notice, as of DATE, and you are hereby relieved from your services from today (i.e. 17th October 2014) onward. You are requested to hand over the company assets to the concerned department. Thank you for your esteemed services once again.
Thanks and Regards,
2. I was under probation, and resignation was given on 16th Oct 14 (Asking for Pending Salaries, on my last day)
Question (Please Help): How to join a new organization with this termination letter and what reason can I give the new organization for not having a relieving letter.
Please help !!
From India, Delhi
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The answer to your last question is the only one on which I can offer a suggestion.
You can inform your prospective employer that the company had not been paying salaries. Three months' salary was pending. Serving a month's notice period and then losing more money didn't make sense, so I resigned and left. HR informally mentioned to me that attempting to recover this money would be impractical.
From India, Mumbai
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You can inform your prospective employer that the company had not been paying salaries. Three months' salary was pending. Serving a month's notice period and then losing more money didn't make sense, so I resigned and left. HR informally mentioned to me that attempting to recover this money would be impractical.
From India, Mumbai
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Certainly! Here is the corrected and formatted text:
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Thanks, but can you help me in drafting an email (using professional language)? I will be sharing the same with a prospective employer via email, and I am concerned that he might retract his appointment letter upon seeing the word "termination" in the email.
Please help!
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I hope this helps! Let me know if you need further assistance.
From India, Delhi
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Thanks, but can you help me in drafting an email (using professional language)? I will be sharing the same with a prospective employer via email, and I am concerned that he might retract his appointment letter upon seeing the word "termination" in the email.
Please help!
---
I hope this helps! Let me know if you need further assistance.
From India, Delhi
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