First of all, if employer has not issued any appointment letter, then he can not demand any notice pay and can not deduct any amount form your full & final payment. In this situation , you have received a termination massage by SMS, pleases confirm the mobile no and intimate to the employer that if he will not pay the termination related benefits i.e notice pay etc., you well fill a complaint in the Labour Office , since your case will be govern by state Shop & commercial Act and Industrial Dispute Act.
In any circumstances your last employer can not fill any complaint at the police station and police will not able to take any action for recovery of notice pay or salary.
regards
saumya
From India, Mumbai
1In any circumstances your last employer can not fill any complaint at the police station and police will not able to take any action for recovery of notice pay or salary.
regards
saumya
From India, Mumbai
As to the legality within the Indian system of law, I'll let others comment. My comment is focused more on the quality of the employer that would terminate an employee by SMS.
Several years ago, I wrote--in this forum, I believe--about the morality of any company that would terminate an employee by email. Now, it seems we have progressed to termination via SMS.
Terminations are events that should be conducted personally, by a supervisor, in a setting where the full explanation and next steps should be explained.
When the subordinate leaves the setting, there should be no question in his or her mind as to 1) the reason for the termination, 2) the next steps in the procedure, and 3) what expectations both parties have about severing the relationship.
Those issues certainly aren't covered by an SMS message stating:
UR FIRED. HAVE A NICE DAY.
Alan Guinn
The Guinn Consultancy Group, Inc.
From United States, Bluff City
Several years ago, I wrote--in this forum, I believe--about the morality of any company that would terminate an employee by email. Now, it seems we have progressed to termination via SMS.
Terminations are events that should be conducted personally, by a supervisor, in a setting where the full explanation and next steps should be explained.
When the subordinate leaves the setting, there should be no question in his or her mind as to 1) the reason for the termination, 2) the next steps in the procedure, and 3) what expectations both parties have about severing the relationship.
Those issues certainly aren't covered by an SMS message stating:
UR FIRED. HAVE A NICE DAY.
Alan Guinn
The Guinn Consultancy Group, Inc.
From United States, Bluff City
Mr/Ms Donisoft
FACTS
No company can terminate your services by an SMS.
No company can pay you salary and then ask you to return it.
No company dare take legal action which will go against them.
ADVICE
1.Run away from this compay as fast as possible. Find a better company.
2.Please join english speaking and writing course and improve your english - you will get better jobs.
ALL THE BEST
Riyaz
From India, Delhi
FACTS
No company can terminate your services by an SMS.
No company can pay you salary and then ask you to return it.
No company dare take legal action which will go against them.
ADVICE
1.Run away from this compay as fast as possible. Find a better company.
2.Please join english speaking and writing course and improve your english - you will get better jobs.
ALL THE BEST
Riyaz
From India, Delhi
Friend
I feel company can not take any legal action against you....
1.) No one can trminate you through SMS as SMS is not a legal proof
2.) Thier is no written agreement between an employee & Employer
Nikhil Kumar
From India, Delhi
I feel company can not take any legal action against you....
1.) No one can trminate you through SMS as SMS is not a legal proof
2.) Thier is no written agreement between an employee & Employer
Nikhil Kumar
From India, Delhi
Forget it,, No Appointment Letter,,,, No offer Letter,,, Why worry about that,.... Look out for a new job,,,,
From India, Coimbatore
From India, Coimbatore
Dear all
It seems to me that appointment itself was not a valid one. However, I understand no action can be taken against him, how will this incident affect his future attempts to find a job. Nowadays companies do reference checks and this employer can make some difficulties! And how should be the approach of this person when searching for the job.
Grateful for the views on this.
Surendra
From India, New Delhi
It seems to me that appointment itself was not a valid one. However, I understand no action can be taken against him, how will this incident affect his future attempts to find a job. Nowadays companies do reference checks and this employer can make some difficulties! And how should be the approach of this person when searching for the job.
Grateful for the views on this.
Surendra
From India, New Delhi
Dear,
Dont Worry!!!! The company can not take the legal action against you. Further they can not reduce the salary like this.
Morever the SMS termination is not allowed in the LAW.
Its better that you search a better job and leave the company where the professionalism is not followed.
For the SMS issue, you can talk to your company HR and tell them i also know the LAW.
But dont spoil ur relations with the company officials.
Thanks,
Amit
From India, Mumbai
Dont Worry!!!! The company can not take the legal action against you. Further they can not reduce the salary like this.
Morever the SMS termination is not allowed in the LAW.
Its better that you search a better job and leave the company where the professionalism is not followed.
For the SMS issue, you can talk to your company HR and tell them i also know the LAW.
But dont spoil ur relations with the company officials.
Thanks,
Amit
From India, Mumbai
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