To HR (Adviser),
Dear Sir,
Good Evening.
I am Pawan Rathod residing in Mumbai, India (Maharashtra State). I would like to draw your valuable attention to my termination of employment.
I was on a probationary period in a company where I was a top performer in the organization, particularly in the field of administration. I held the position of admin officer and effectively managed all responsibilities of the company.
I had completed two and a half months in the company and also have two months of successful performance reports authorized by the company director. They terminated me without any verbal or written notice. During my employment, I once discussed my salary with the company director. After considering my performance, the director agreed to a salary hike, to be effective after the completion of the three-month probationary period from my date of joining. Suddenly one morning, I was terminated, with the reason stated as my attitude not being good.
I accepted the termination, as I did not agree with the reason provided for my dismissal.
Following the termination, the company director informed me that my full and final settlement would be completed within 60 days from the termination date. It has now been 75 days, and they have prepared my salary settlement payment, excluding one month's notice pay. Upon pointing out this discrepancy via email, I was told it was the company's right to terminate me without notice during the probation period. I am considering appealing to the labor court regarding this matter.
I would like to request your opinion on the one-sided rules favoring the company and disadvantaging the employee. Is there an unjust rule that allows employers to take advantage of terminating well-performing employees? Should I accept the incorrect payment check? What legal actions can I take against them for this injustice?
I await your valuable advice on the next steps to take.
FYI,
1. Despite verbally requesting for an offer letter and appointment letter, I have not received them, as they have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, labeled 'Employment Confirmation,' with no terms and conditions specified.
3. I have not accepted the incorrect payment check from the company.
From India, Mumbai
Acknowledge(0)
Amend(0)
Dear Sir,
Good Evening.
I am Pawan Rathod residing in Mumbai, India (Maharashtra State). I would like to draw your valuable attention to my termination of employment.
I was on a probationary period in a company where I was a top performer in the organization, particularly in the field of administration. I held the position of admin officer and effectively managed all responsibilities of the company.
I had completed two and a half months in the company and also have two months of successful performance reports authorized by the company director. They terminated me without any verbal or written notice. During my employment, I once discussed my salary with the company director. After considering my performance, the director agreed to a salary hike, to be effective after the completion of the three-month probationary period from my date of joining. Suddenly one morning, I was terminated, with the reason stated as my attitude not being good.
I accepted the termination, as I did not agree with the reason provided for my dismissal.
Following the termination, the company director informed me that my full and final settlement would be completed within 60 days from the termination date. It has now been 75 days, and they have prepared my salary settlement payment, excluding one month's notice pay. Upon pointing out this discrepancy via email, I was told it was the company's right to terminate me without notice during the probation period. I am considering appealing to the labor court regarding this matter.
I would like to request your opinion on the one-sided rules favoring the company and disadvantaging the employee. Is there an unjust rule that allows employers to take advantage of terminating well-performing employees? Should I accept the incorrect payment check? What legal actions can I take against them for this injustice?
I await your valuable advice on the next steps to take.
FYI,
1. Despite verbally requesting for an offer letter and appointment letter, I have not received them, as they have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, labeled 'Employment Confirmation,' with no terms and conditions specified.
3. I have not accepted the incorrect payment check from the company.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Rathore,
The company can terminate your services without giving written or verbal notice to you during the probation period, and you haven't written the terms and conditions of employment in your appointment.
Regards,
Satyendra Kain
From India, Delhi
Acknowledge(0)Amend(0)
The company can terminate your services without giving written or verbal notice to you during the probation period, and you haven't written the terms and conditions of employment in your appointment.
Regards,
Satyendra Kain
From India, Delhi
Acknowledge(0)Amend(0)
Dear Sir,
I am thankful for receiving your valuable advice. As you mentioned employment terms and conditions, they neither gave me an offer letter nor any appointment letter, despite my continuous requests. I only received a confirmation email titled "Employment Confirmed," which lacked any terms and conditions.
Please reply.
Regards,
Pawan Rathod
From India, Mumbai
Acknowledge(0)Amend(0)
I am thankful for receiving your valuable advice. As you mentioned employment terms and conditions, they neither gave me an offer letter nor any appointment letter, despite my continuous requests. I only received a confirmation email titled "Employment Confirmed," which lacked any terms and conditions.
Please reply.
Regards,
Pawan Rathod
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Pawan,
But the way the company has treated you, I can judge that it is a proprietary/PVT family-run company. Correct me if I'm wrong. Most of the family-run companies in India are still practicing wrong ethics, but you can definitely contact forums for the same. You should not let go of the money if you deserve the same as it is your right. No company can fire a person without logical reasons, so please ask them to provide a valid and logical reason.
From India, Mumbai
Acknowledge(0)Amend(0)
8But the way the company has treated you, I can judge that it is a proprietary/PVT family-run company. Correct me if I'm wrong. Most of the family-run companies in India are still practicing wrong ethics, but you can definitely contact forums for the same. You should not let go of the money if you deserve the same as it is your right. No company can fire a person without logical reasons, so please ask them to provide a valid and logical reason.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Tiwari, Its an Private family run company. If you know about legal action to be taken for such peoples, please advise
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Pawan, You can try to sue them with the help of a good lawyer, they may not want to get into legal issues for such small amount and may eventually pay the emoluments to you.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear All,
I do agree with the above statement of not getting yourself associated with the company that doesn't provide an appointment letter; however, in many cases, the appointment letter is provided after 15-20 days of joining or so as per the policy. So, how can we judge whether it is an unethical company where our future could be ruined? Kindly suggest.
Regards,
Shilu
From India, Surat
Acknowledge(0)Amend(0)
I do agree with the above statement of not getting yourself associated with the company that doesn't provide an appointment letter; however, in many cases, the appointment letter is provided after 15-20 days of joining or so as per the policy. So, how can we judge whether it is an unethical company where our future could be ruined? Kindly suggest.
Regards,
Shilu
From India, Surat
Acknowledge(0)Amend(0)
Dear Mr. Rathod,
As per the labor laws in India, you are not able to protect your job or ask for a one-month notice or salary when you have not received any appointment letter and terms and conditions from the employer. The employer has the right to terminate any employee who is in training and probation.
I hope you understand.
Regards,
Tirupathi Reddi
FYI:
1. After verbally asking for the offer letter and appointment letter, I didn't receive them. They have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, stating 'Employment Confirmation,' with no terms and conditions provided.
3. I have not accepted that false payment check from the company.
From India, Secunderabad
Acknowledge(0)Amend(0)
As per the labor laws in India, you are not able to protect your job or ask for a one-month notice or salary when you have not received any appointment letter and terms and conditions from the employer. The employer has the right to terminate any employee who is in training and probation.
I hope you understand.
Regards,
Tirupathi Reddi
FYI:
1. After verbally asking for the offer letter and appointment letter, I didn't receive them. They have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, stating 'Employment Confirmation,' with no terms and conditions provided.
3. I have not accepted that false payment check from the company.
From India, Secunderabad
Acknowledge(0)Amend(0)
Dear TIrupathi Reddy, Will it help the case, if Mr.Pawan has any written communication requesting for apppointment letter. Regards, Vinoth
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
The very first mistake is that you have never obtained your Appointment Letter according to your query and the reason of your termination they have stated and you have expressed here, if found correct by them, they deserve the right to terminate you.
Second, I can also feel something wrong, your wrong attitude and approaches by your query, therefore, I would like to know from you, what was wrong at your end and what wrong you did that made them feel to terminate you while you were a good performing employee and been appraised by your Director once in past. There was certainly something wrong that you have not shared here methinks. Please, if anything that you are hiding, can share to enable members to give you more specific solutions.
Third, the member who are talking about taking legal action against the employer, let me ask you, how and what basis he can take actions or you are suggesting him, though he has no appointment letter (Written Terms & Conditions of Employment) but they can anytime prove his mistakes and misconduct if he has done while his employment. Also if they have issued him “Termination Latter by stating the reason of his misbehave, Attitude or any misconduct” this can also be in favorable thing to Employer.
You must not forget that any employee who is performing good and being appraised for good work, not easily be gone away or terminated without any strong reason by Employer as Employer always wants to have good resources/ employee to work, no matter it is an private family own business or any other firm.
Pawa, your statement “I accepted the termination because i didnt like the reason for the employment termination.” is also giving us a sense of your wrong approach and attitude, cant you and other member get it?
About settlement, if there was “one month notice period salary” condition applying by them with termination factor or with the offer latter, you can’t fight for more.
It is acceptable that even after 75 days they have not given you F&F while the period was 60 and they supposed to but the approach you have used here is also wrong. Do you really think the approach of threatening them by appealing to labour court was right and do you have any written fact conditions of employment that you can introduce to labor court to get appeal accepted?
Also, please do not take them wrong by that they responded you back on your phone call after getting threatening by you, its just like they are doing their job but nothing that they got scared. I believe the one who have advised you to go “Labour Court” has seriously misguided you or forget to tell you the procedure of the same, and you are also not getting the facts.
Lastly, with the facts I found with your query and other responses, I would suggest you to go to your Employer and speak to them nicely and get clear all these things wisely instead of making more mistakes.
From India, Gurgaon
Acknowledge(0)Amend(0)
Second, I can also feel something wrong, your wrong attitude and approaches by your query, therefore, I would like to know from you, what was wrong at your end and what wrong you did that made them feel to terminate you while you were a good performing employee and been appraised by your Director once in past. There was certainly something wrong that you have not shared here methinks. Please, if anything that you are hiding, can share to enable members to give you more specific solutions.
Third, the member who are talking about taking legal action against the employer, let me ask you, how and what basis he can take actions or you are suggesting him, though he has no appointment letter (Written Terms & Conditions of Employment) but they can anytime prove his mistakes and misconduct if he has done while his employment. Also if they have issued him “Termination Latter by stating the reason of his misbehave, Attitude or any misconduct” this can also be in favorable thing to Employer.
You must not forget that any employee who is performing good and being appraised for good work, not easily be gone away or terminated without any strong reason by Employer as Employer always wants to have good resources/ employee to work, no matter it is an private family own business or any other firm.
Pawa, your statement “I accepted the termination because i didnt like the reason for the employment termination.” is also giving us a sense of your wrong approach and attitude, cant you and other member get it?
About settlement, if there was “one month notice period salary” condition applying by them with termination factor or with the offer latter, you can’t fight for more.
It is acceptable that even after 75 days they have not given you F&F while the period was 60 and they supposed to but the approach you have used here is also wrong. Do you really think the approach of threatening them by appealing to labour court was right and do you have any written fact conditions of employment that you can introduce to labor court to get appeal accepted?
Also, please do not take them wrong by that they responded you back on your phone call after getting threatening by you, its just like they are doing their job but nothing that they got scared. I believe the one who have advised you to go “Labour Court” has seriously misguided you or forget to tell you the procedure of the same, and you are also not getting the facts.
Lastly, with the facts I found with your query and other responses, I would suggest you to go to your Employer and speak to them nicely and get clear all these things wisely instead of making more mistakes.
From India, Gurgaon
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
Full n final settlement.doc
Final settlement - dubai.xls