Dear Seniors/HR,
I really need advice from you, I was employee in a pvt ltd company in Delhi. I have worked with this company almost 7years and it has around 8-10employees all over in India. Actually it is MNC and having headoffice in Delhi and I had posting there. Recently, because of some internal dispute, company has terminate me with immediate effect and they have not given me any compensation. they even like terminate me with notice of 3-4days. After serving to a company for 7years where my working was 24X7, they have terminate me, just with a letter of termination.
Now I need assistance from you all, how I can claim for compensation.
I was on-roll because company was transferring my salary directly into my account from company account. Plus for appointment proof I have just email from company email ID, TDS certificate and company experience certificate.
Just for your information, they were not deducting any PF, I was getting my salary after TDS deduction.
Now, I am in financial crisis and need your help for my claim.
Thanks
Sumit Arora
arora.sumitk@gmail.com
From India, Mohali
I really need advice from you, I was employee in a pvt ltd company in Delhi. I have worked with this company almost 7years and it has around 8-10employees all over in India. Actually it is MNC and having headoffice in Delhi and I had posting there. Recently, because of some internal dispute, company has terminate me with immediate effect and they have not given me any compensation. they even like terminate me with notice of 3-4days. After serving to a company for 7years where my working was 24X7, they have terminate me, just with a letter of termination.
Now I need assistance from you all, how I can claim for compensation.
I was on-roll because company was transferring my salary directly into my account from company account. Plus for appointment proof I have just email from company email ID, TDS certificate and company experience certificate.
Just for your information, they were not deducting any PF, I was getting my salary after TDS deduction.
Now, I am in financial crisis and need your help for my claim.
Thanks
Sumit Arora
arora.sumitk@gmail.com
From India, Mohali
If you are covered under definition of workman of ID Act, then your termination is illegal without paying you notice in lieu and retrenchment compensation. Make a complaint before labour commissioner for getting it set aside.
Thanks
Sushi
From India, New Delhi
221Thanks
Sushi
From India, New Delhi
Please mention your designation, the cause/reason of your termination and whether the company is covered under S&E Act or Factories Act, to give appropriate view. You are also requested to go through your appointment terms and condition (termination clause) and the code of conduct
From India, Ahmadabad
From India, Ahmadabad
Sir Sushil, Please suggest how to check definition of workman act.
Sir Saji, my last designation with this company was Sr. Technical Support Executive. On termination paper, reason was mention as misbehave and wrong attitude towards company. Whereas there is no incident and no proof for such thing. Even my other team member can give me in written for this false allegation.
And i dont have any idea of S&E or Factories act, I only know that this company is Pvt. Ltd. and has proper PAN, TAN number.
From India, Mohali
Sir Saji, my last designation with this company was Sr. Technical Support Executive. On termination paper, reason was mention as misbehave and wrong attitude towards company. Whereas there is no incident and no proof for such thing. Even my other team member can give me in written for this false allegation.
And i dont have any idea of S&E or Factories act, I only know that this company is Pvt. Ltd. and has proper PAN, TAN number.
From India, Mohali
Sumit,
I do not think you will find things that easy.
The fact that you have worked hard, for 7 years and 24x7 has no meaning for anyone today, and definitely no meaning in law.
Your company has less than 10 employees, it is a service company I understand, not manufacturing. So you will be governed by the local shop and establishment act. You need to read the relevant act and rules to see whether there are rules on termination.
It being a small company, gratuity PF ESIC does not apply. Neither does the standing orders. So you are not likely to get relief in those.
You need to see what your appointment letter says. The notice period stated in it will apply. If there is no such term or if you didn't get an appointment letter then see the shop and establishment act. Generally you will be entitled to 30 days notice pay. For that, you can approach the local labour officer for help.
I don't think the industrial dispute act will help either as your company is so small that most restriction under that law does not apply. In any case, you do not have the resources to fight this in court.
I would suggest that you approach the management for a settlement. Tell them that you would like to a clean relieving letter instead of a termination letter and a notice pay of one month, otherwise you will be forced to go to the labour officer which will be a problem for,the,. And you can offer to resign if they are willing to give you that letter.
And please start searching for a job and out this matter behind you.
Further, I do not think a company will just terminate a 7 year old employee just like that. There must be a side of the story which we do not know. You should consider approaching the company with apology and request to take you back.
Ofcourse if you feel you are entitled to other relief, then you must consult a labour lawyer and take up the matter. With limited information, no one here can give you a proper and informed suggestion behind the generality.
From India, Mumbai
I do not think you will find things that easy.
The fact that you have worked hard, for 7 years and 24x7 has no meaning for anyone today, and definitely no meaning in law.
Your company has less than 10 employees, it is a service company I understand, not manufacturing. So you will be governed by the local shop and establishment act. You need to read the relevant act and rules to see whether there are rules on termination.
It being a small company, gratuity PF ESIC does not apply. Neither does the standing orders. So you are not likely to get relief in those.
You need to see what your appointment letter says. The notice period stated in it will apply. If there is no such term or if you didn't get an appointment letter then see the shop and establishment act. Generally you will be entitled to 30 days notice pay. For that, you can approach the local labour officer for help.
I don't think the industrial dispute act will help either as your company is so small that most restriction under that law does not apply. In any case, you do not have the resources to fight this in court.
I would suggest that you approach the management for a settlement. Tell them that you would like to a clean relieving letter instead of a termination letter and a notice pay of one month, otherwise you will be forced to go to the labour officer which will be a problem for,the,. And you can offer to resign if they are willing to give you that letter.
And please start searching for a job and out this matter behind you.
Further, I do not think a company will just terminate a 7 year old employee just like that. There must be a side of the story which we do not know. You should consider approaching the company with apology and request to take you back.
Ofcourse if you feel you are entitled to other relief, then you must consult a labour lawyer and take up the matter. With limited information, no one here can give you a proper and informed suggestion behind the generality.
From India, Mumbai
If you were working not in supervisory capacity but doing the technical nature of work at ground level, then you are covered under the definition of workman as software engineer at ground level is treated to be workman. Since termination was done on the basis of misconduct allegations without conducting domestic inquiry, the termination is illegal and should be challenged before labour court. Even if there were 8-9 persons then even it is industry.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Mr. Sumit Arora,
The query posed by you is not complete to comment upon. I think there are some facts which you have not disclosed, needs to be placed before us so that we can come out with appropriate solution under the labour laws as may be applicable.
Kindly appreciate the fact that various labour laws have a specific role to play commensurate with the situation mutatis mutandis.
Thanking you, with regards,
Praful M Lale
Labour Law Consultant, Mumbai
(M) 98204451240
From India, Mumbai
The query posed by you is not complete to comment upon. I think there are some facts which you have not disclosed, needs to be placed before us so that we can come out with appropriate solution under the labour laws as may be applicable.
Kindly appreciate the fact that various labour laws have a specific role to play commensurate with the situation mutatis mutandis.
Thanking you, with regards,
Praful M Lale
Labour Law Consultant, Mumbai
(M) 98204451240
From India, Mumbai
As mentioned by Mr. Banerjee a company cannot terminate an employee for some petty issues, if it has to be then the company would have done long back even before your confirmation. There is some other story to it which is not known by the members. As advised by Mr. Banerjee try to negotiate and sort this problem out amicably and have a clean exit.
From India, Ahmadabad
From India, Ahmadabad
Dear Seniors,
I am agree with you all, that there must be other story, but story is also not like that I have misbehave with anyone. The only thing, being 7years in this company I was close to everyone like family member. So I asked my director (he is also employee, but director of Indian branch) that I am looking for more exposure and I am searching for international opportunity and please start looking for my replacement.
As you all know getting job abroad is also not easy, I was looking for job almost one year but didnt find anything. During this period that director start having issue with other team member and out of 7-8 people I was on second highest position after director. So team approach me to do something to improve the environment. Here is the main story begin, based on my other team member I wrote mail to company owner (Australia) that team is not happy and you please do something. Based on this Aust team made survey and asked everyone individually. In-between director get aware about the things, so i dont know what tricks he played I got termination. Here I also got message from one aust team member, that he is sorry about decision of top management.
So, I am giving you surety that I havnt done anything wrong and I am feeling like victim of some politics. So I just want suggestion from you, how I can get some claim.
FYI, I am doing job in panchkula with almost half salary.
Thanks
Sumit Arora
From India, Mohali
I am agree with you all, that there must be other story, but story is also not like that I have misbehave with anyone. The only thing, being 7years in this company I was close to everyone like family member. So I asked my director (he is also employee, but director of Indian branch) that I am looking for more exposure and I am searching for international opportunity and please start looking for my replacement.
As you all know getting job abroad is also not easy, I was looking for job almost one year but didnt find anything. During this period that director start having issue with other team member and out of 7-8 people I was on second highest position after director. So team approach me to do something to improve the environment. Here is the main story begin, based on my other team member I wrote mail to company owner (Australia) that team is not happy and you please do something. Based on this Aust team made survey and asked everyone individually. In-between director get aware about the things, so i dont know what tricks he played I got termination. Here I also got message from one aust team member, that he is sorry about decision of top management.
So, I am giving you surety that I havnt done anything wrong and I am feeling like victim of some politics. So I just want suggestion from you, how I can get some claim.
FYI, I am doing job in panchkula with almost half salary.
Thanks
Sumit Arora
From India, Mohali
Irrespective of your designation whether you were performing duties of technical nature and whether at ground level. What were the powers conferred upon you. This is to see whether you were covered under the definition of workman under ID Act. Whether any persons you supervised Further where was your place work.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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