Hello, I am working with an FMCG company as a Manager for 1 year and 3 months. Suddenly, on 10th January 2014, the company sent a termination email without any reason and without any notice. The company has terminated all employees across India. Additionally, the company has not paid my December month salary and has not provided the TA DA for the months of November and December. Can anyone suggest if I can take legal action against the company?
From India, Delhi
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1From India, Delhi
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Dear Devika,
Since you have been employed as a manager, the provisions of the ID Act, 1947 will not be applicable. Your post is also silent about the terms and conditions of your appointment. However, the current action of the management in terminating the services of all India employees without any prior notice, as stated by you, seems arbitrary and goes against the Principles of Natural Justice. Your only recourse is through a Civil Remedy. It would be beneficial for all affected employees to come together and seek the support of a Counsel well-versed in service matters.
Thank you.
From India, Salem
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Since you have been employed as a manager, the provisions of the ID Act, 1947 will not be applicable. Your post is also silent about the terms and conditions of your appointment. However, the current action of the management in terminating the services of all India employees without any prior notice, as stated by you, seems arbitrary and goes against the Principles of Natural Justice. Your only recourse is through a Civil Remedy. It would be beneficial for all affected employees to come together and seek the support of a Counsel well-versed in service matters.
Thank you.
From India, Salem
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if we will do case against company then how many days or years it will be take.
From India, Delhi
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From India, Delhi
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Devika, I am not sure how long it will take in a Civil Court. It depends on how swiftly you act and how your lawyer conducts the case. Still, it would be better if you first try direct negotiations with your employer to get your experience certificate and the amounts due to you. From your description, it appears that the management does not seem to be a fair and progressive employer, and as such, there are plenty of possibilities that they may drag out the court proceedings as long as they can. In that case, you should be prepared to be strong and have the resilience to withstand it. Therefore, be rational rather than emotional. Best of luck in your next move!
From India, Salem
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From India, Salem
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Hi,
Yes certainly you can take legal action against them but before taking up this matter with lawyer, I would suggest you to meet your local/regional labour commissioner/inspect with your written complain against your employer and also to your local police.
You also have to supply your documents to them with your written complain such as your appointment letter along with the issued Termination letter by them, your salary slips/bank statement, your EPF details.
Second, if it is a TERMINATION, there must be a valid reason or something wrong at employee end which forced them to take this action, therefore, I would like to know more about this termination letter and stated reasons in it by them.
Third, you also need to read your appointment letter and termination clause for more which will give you the T&C of your employment which your employer and you both are bound to follow.
Forth, you said that you got this TERMINATION letter from your employer on 10th of Jan, 2014 and also have not provided your salary for December 2013 and other dues, which clearly says there is something wrong which you must discovered or shared with us if anything you have forgotten to include in your query.
To terminate any employee, there is a procedure which employer has to adopt/follow and issue a notice to employee before issuing a termination letter by stating a valid reason or something which favor the employer’s action and against the employee. (Employment/Appointment Letter T&C’s apply)
Moreover, TERMINATION never says that an employee who’s gonna be terminate with whatever respective reason wont be able to get his/her dues or the pending previous month salary but a complete settlement (F&F) with the effective date of termination (if there was no notice period or special terms defined for the same) which is also a right of the said employee.
What I feel is that you still have to share complete details of your case and why your salary and dues for Nov-December 2013 month was not paid previously.
The other thing which says by your query and your pending dues is about financial crisis of your company which forced them to take action, which is RETRENCHMENT but it is certainly not a TERMINATION.
Lastly, in both the cases, your applicable employment terms can help you a lot actually.
From India, Gurgaon
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Yes certainly you can take legal action against them but before taking up this matter with lawyer, I would suggest you to meet your local/regional labour commissioner/inspect with your written complain against your employer and also to your local police.
You also have to supply your documents to them with your written complain such as your appointment letter along with the issued Termination letter by them, your salary slips/bank statement, your EPF details.
Second, if it is a TERMINATION, there must be a valid reason or something wrong at employee end which forced them to take this action, therefore, I would like to know more about this termination letter and stated reasons in it by them.
Third, you also need to read your appointment letter and termination clause for more which will give you the T&C of your employment which your employer and you both are bound to follow.
Forth, you said that you got this TERMINATION letter from your employer on 10th of Jan, 2014 and also have not provided your salary for December 2013 and other dues, which clearly says there is something wrong which you must discovered or shared with us if anything you have forgotten to include in your query.
To terminate any employee, there is a procedure which employer has to adopt/follow and issue a notice to employee before issuing a termination letter by stating a valid reason or something which favor the employer’s action and against the employee. (Employment/Appointment Letter T&C’s apply)
Moreover, TERMINATION never says that an employee who’s gonna be terminate with whatever respective reason wont be able to get his/her dues or the pending previous month salary but a complete settlement (F&F) with the effective date of termination (if there was no notice period or special terms defined for the same) which is also a right of the said employee.
What I feel is that you still have to share complete details of your case and why your salary and dues for Nov-December 2013 month was not paid previously.
The other thing which says by your query and your pending dues is about financial crisis of your company which forced them to take action, which is RETRENCHMENT but it is certainly not a TERMINATION.
Lastly, in both the cases, your applicable employment terms can help you a lot actually.
From India, Gurgaon
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Anil is correct. Do not cooperate with any attempt of your employer through anyone who can wield influence over you in changing the nature of termination. Let it remain as it is, i.e., forceful termination at the behest of the employer. Any compromise, if any, should be mutually beneficial.
From India, Salem
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From India, Salem
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But if I will not sign the no dues then company will not give me reliving letter, then what about my future career becoz every company demand reliving letter. Plz suggest me what should I do.
From India, Delhi
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From India, Delhi
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Hi Devika,
I would like to provide you with some more information in this regard. The courts have established norms regarding who should be called a manager, and mere designation alone will not determine a person's status. You need to determine whether you fall within these norms. If you do, you can seek remedies under the Shops and Establishments Act of the respective state, or you can still seek relief under the ID Act. However, as suggested by other experts, the termination is a violation of the provisions of the Act.
Murugesan
From India, Chennai
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I would like to provide you with some more information in this regard. The courts have established norms regarding who should be called a manager, and mere designation alone will not determine a person's status. You need to determine whether you fall within these norms. If you do, you can seek remedies under the Shops and Establishments Act of the respective state, or you can still seek relief under the ID Act. However, as suggested by other experts, the termination is a violation of the provisions of the Act.
Murugesan
From India, Chennai
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Dear Ms. Devika,
There won't be smoke without fire. I assume that you haven't disclosed the complete story. Neither have you mentioned the clauses in your employment contract. Please give a clearer picture of the story so that members can advise you better.
Regards,
Deepak
From India
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There won't be smoke without fire. I assume that you haven't disclosed the complete story. Neither have you mentioned the clauses in your employment contract. Please give a clearer picture of the story so that members can advise you better.
Regards,
Deepak
From India
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Respected Sir,
Mahatma Gandhi National Rural Employment Guarantee Act in Karnataka for the year 2012-13. Social Audit Grama Sabhas in all districts reported the misuse of funds amounting to Rs.50 lakhs. The misuse of funds was identified only in my Taluka, Humnabad. Upon uploading the MIS and Audit Report, all 33 Panchayat Development Officers discovered that each Gram Panchayat spent between Rs.15,000 to Rs.40,000. I have submitted the social audit report to the District Coordinator and discussed this issue as well. However, the subsequent actions are unknown to me.
Without the knowledge of the Social Audit Coordinator, the Director of Social Audit, Mr. DN Nayak from Zila Panchayat Bidar, suspended me without justification. The suspension order was sent to the home address of the Social Audit Coordinator, shocking both the Coordinator and their family.
Sir, I conducted the social audit with honesty, yet I have become a victim of my own work. I kindly request your intervention and assistance in upholding the truth.
Regards,
VidayaSagar Bhalke
Social Audit Coordinator from Taluka Panchayat Humnabad, Bidar district PIN 585402
Contact: 9844783536
From India, Bellary
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Mahatma Gandhi National Rural Employment Guarantee Act in Karnataka for the year 2012-13. Social Audit Grama Sabhas in all districts reported the misuse of funds amounting to Rs.50 lakhs. The misuse of funds was identified only in my Taluka, Humnabad. Upon uploading the MIS and Audit Report, all 33 Panchayat Development Officers discovered that each Gram Panchayat spent between Rs.15,000 to Rs.40,000. I have submitted the social audit report to the District Coordinator and discussed this issue as well. However, the subsequent actions are unknown to me.
Without the knowledge of the Social Audit Coordinator, the Director of Social Audit, Mr. DN Nayak from Zila Panchayat Bidar, suspended me without justification. The suspension order was sent to the home address of the Social Audit Coordinator, shocking both the Coordinator and their family.
Sir, I conducted the social audit with honesty, yet I have become a victim of my own work. I kindly request your intervention and assistance in upholding the truth.
Regards,
VidayaSagar Bhalke
Social Audit Coordinator from Taluka Panchayat Humnabad, Bidar district PIN 585402
Contact: 9844783536
From India, Bellary
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Termination of employees.pdf