Hi all,
I was working in a retail store as a store manager for almost 10 years. Recently, the management has taken over the company (only managing retail operations) and they wanted to remove old staff and replace them with new people. I didn't like the way they were treating the staff and managers, so I resigned in September '13 without any notice. They have deducted my one month's whole salary, citing that I did not give notice. I told them that since I didn't receive any appointment letter, I should not come under this condition. They also said I am not entitled to benefits like gratuity or any other compensations.
In the relieving letter, they mentioned that I worked from 2004 to 2103 and was drawing a specified amount as my monthly salary. Is this letter sufficient to take legal action against my employer? What other benefits am I supposed to get from my previous company? Please advise.
Thank you.
From India, Bangalore
Acknowledge(0)
Amend(0)
I was working in a retail store as a store manager for almost 10 years. Recently, the management has taken over the company (only managing retail operations) and they wanted to remove old staff and replace them with new people. I didn't like the way they were treating the staff and managers, so I resigned in September '13 without any notice. They have deducted my one month's whole salary, citing that I did not give notice. I told them that since I didn't receive any appointment letter, I should not come under this condition. They also said I am not entitled to benefits like gratuity or any other compensations.
In the relieving letter, they mentioned that I worked from 2004 to 2103 and was drawing a specified amount as my monthly salary. Is this letter sufficient to take legal action against my employer? What other benefits am I supposed to get from my previous company? Please advise.
Thank you.
From India, Bangalore
Acknowledge(0)Amend(0)
Well, didn't you ever ask for the appointment letter, and how did you join the company without knowing the terms and conditions or receiving an appointment letter? However, you may consult with the labor officer of your area regarding this.
From India, Lucknow
Acknowledge(0)Amend(0)
191From India, Lucknow
Acknowledge(0)Amend(0)
Appointment order is something that is required to regulate the conditions of service and the relationship between the employee and the employer. However, that does not mean that nobody shall be employed without an appointment order because a contract need not necessarily be in writing; an oral contract is also a valid contract. What makes a written one superior is that it is evidence or something that can be referred to in case of any dispute.
In an employment contract, though the appointment order serves to be a vital document, what is more important is the presence of a signature in the attendance register, wage register, etc.
Regarding notice pay, unless otherwise provided, any contract of employment is terminable without any notice from the side of employees. It is true that in order to terminate an employee, the employer has to give notice as provided in the Industrial Disputes Act, but no way shall the employee be asked to give notice. Therefore, having been employed without any conditions of service/appointment order, the act of deducting one month's pay is illegal.
If the establishment had at any point employed 10 persons, the Payment of Gratuity Act will automatically come into operation. The employer cannot say that they are not under the purview of the Gratuity Act. For deciding the amount of gratuity, the length of service is an important factor. Therefore, you should have some documentary evidence to show your date of joining. The relieving letter now given can be taken as evidence. But if the date of joining mentioned in the relieving letter is a date later than the actual date of joining, you will have to find out some other document, like the attendance register, wage register in which you had put your signature.
Since you have been employed in a managerial capacity, you cannot get any protection from the Labour Department/Labour Officer and get your notice pay deduction paid back. However, you can approach the appropriate authority under the Payment of Gratuity Act (same Labour Department only) and put a claim for gratuity.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
In an employment contract, though the appointment order serves to be a vital document, what is more important is the presence of a signature in the attendance register, wage register, etc.
Regarding notice pay, unless otherwise provided, any contract of employment is terminable without any notice from the side of employees. It is true that in order to terminate an employee, the employer has to give notice as provided in the Industrial Disputes Act, but no way shall the employee be asked to give notice. Therefore, having been employed without any conditions of service/appointment order, the act of deducting one month's pay is illegal.
If the establishment had at any point employed 10 persons, the Payment of Gratuity Act will automatically come into operation. The employer cannot say that they are not under the purview of the Gratuity Act. For deciding the amount of gratuity, the length of service is an important factor. Therefore, you should have some documentary evidence to show your date of joining. The relieving letter now given can be taken as evidence. But if the date of joining mentioned in the relieving letter is a date later than the actual date of joining, you will have to find out some other document, like the attendance register, wage register in which you had put your signature.
Since you have been employed in a managerial capacity, you cannot get any protection from the Labour Department/Labour Officer and get your notice pay deduction paid back. However, you can approach the appropriate authority under the Payment of Gratuity Act (same Labour Department only) and put a claim for gratuity.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.