My company there are following problems:
1 irregular salary payment
2 salary slips not given
3. identity card is not given
4 no appraisals
Two months back one employee ,who has worked more than 3 years, was asked to resign on the same day giving the reason as poor performance without any meeting and without any notice period, no salary paid for the last month of resignation and no documents has given. Before resigning (when she was employee) deleted her personal reference things.
taking all the above condition into consideration can any legal action taken against the employee.
The employee is asking for the documents and salary can the employee take any legal action
From India, Mumbai
11 irregular salary payment
2 salary slips not given
3. identity card is not given
4 no appraisals
Two months back one employee ,who has worked more than 3 years, was asked to resign on the same day giving the reason as poor performance without any meeting and without any notice period, no salary paid for the last month of resignation and no documents has given. Before resigning (when she was employee) deleted her personal reference things.
taking all the above condition into consideration can any legal action taken against the employee.
The employee is asking for the documents and salary can the employee take any legal action
From India, Mumbai
Dear Anu
Please give some more details.
What is the nature of work and your industry.
Is she drawing salary through bank remittance or through cheque payment.
What is the salary amount. Above Rs. 18000 or below Rs. 18000.
What happened to the PF and ESI Contribution. Does she allotted with PF Number and ESI Smart Card.
If you answer then our members can give you the correct reply.
From India, Kumbakonam
Please give some more details.
What is the nature of work and your industry.
Is she drawing salary through bank remittance or through cheque payment.
What is the salary amount. Above Rs. 18000 or below Rs. 18000.
What happened to the PF and ESI Contribution. Does she allotted with PF Number and ESI Smart Card.
If you answer then our members can give you the correct reply.
From India, Kumbakonam
It is BPO company.
The salary was in direct bank.
Her salary was above Rs.18000
As there was no identity card,salary slips there was no PF and ESI contribution
taking all the above condition(consider previous post also) into consideration can any legal action taken against the employee.
The employee is asking for the documents and salary can the employee take any legal action
From India, Mumbai
The salary was in direct bank.
Her salary was above Rs.18000
As there was no identity card,salary slips there was no PF and ESI contribution
taking all the above condition(consider previous post also) into consideration can any legal action taken against the employee.
The employee is asking for the documents and salary can the employee take any legal action
From India, Mumbai
She can File a civil suit against the company. As a proof of employment she can give the Bank statement in which the Salary got credited in the court. Hope she did not submit any resignation letter to the company. The PF and ESI benefits will be for the organisation where the strength of the employee is more than 20 / 10 and if the employee strength is less than that then the PF and ESI will not be applicable.
But she can challenge her termination in the civil court and seek remedy.
From India, Kumbakonam
But she can challenge her termination in the civil court and seek remedy.
From India, Kumbakonam
But what about Before resigning (when she was employee) deleted her personal reference things(which was nothing to do with the company and was kept only for her personal reference) . Is it fine???
From India, Mumbai
From India, Mumbai
Yes she has submitted her resignation. Also, what about before resigning (when she was employee) deleted her personal reference things(which was nothing to do with the company and was kept only for her personal reference) . Is it fine???
From India, Mumbai
From India, Mumbai
I do not understand what your concern actually is.
She has deleted her personal material which was on a pc that she was using.
Why should that be wrong ?
Was that the reason she was fired in the first place ?
There seem to be some things missing in the whole post. There are some things that are not being told to us.
In most cases, the company is liable to pay notice pay to any employee who is being terminated.
Why do you intend to deny notice pay to her ?
From India, Mumbai
She has deleted her personal material which was on a pc that she was using.
Why should that be wrong ?
Was that the reason she was fired in the first place ?
There seem to be some things missing in the whole post. There are some things that are not being told to us.
In most cases, the company is liable to pay notice pay to any employee who is being terminated.
Why do you intend to deny notice pay to her ?
From India, Mumbai
the message is not clear.
if i understood correctly,
1. she has been asked to resign - which she did, not the question is about her salary - do they issue appointment letters> whats the the termination clause says.
2. deleting personal data from the computer is not a crime. hope she has removed only the personal data.
if she deleted the company data, the company can take action..
thanks
GN
From India, Mumbai
if i understood correctly,
1. she has been asked to resign - which she did, not the question is about her salary - do they issue appointment letters> whats the the termination clause says.
2. deleting personal data from the computer is not a crime. hope she has removed only the personal data.
if she deleted the company data, the company can take action..
thanks
GN
From India, Mumbai
I have collected the following information
1. She(employee) has deleted her personal files only. All the work she has done is in proper condition.
2. Salary was not paid regularly. Salary was paid in the gap of 2-3 months.
3. Salary slips was not issued.
4. No Identity card was issued
In the appointment letter, it is stated that "company can terminate given her notice of three months or notice which is mutually agreed. But if any indisciple,irregularity the company can terminate the services without giving any notice"
Now, as the information I have collected there was no indisciple or irregularity done by her. The only thing she used to ask about the salary and salary slips.
She was asked to resign on the same day giving the reason as poor performance without any meeting and without any notice period,
no salary paid for the last month of resignation and no documents has given.
She has given resignation which was not replied by previous HR. At that time it is said that you have deleted the files.But she replied that has deleted her personal files only.
Now, she is asking her documents(reliving letter, experience letter).
It is said to me that check whether any legal action can be taken against her.
Considering all the above situation my queries are :
1. Can we take any legal action can be taken against her.If yes what?
2. Can she take any legal action(note she does has appointment letter,bank statement but does not have identity card,salary slips) to get documents and salary of the month she has worked.If yes what?
From India, Mumbai
1. She(employee) has deleted her personal files only. All the work she has done is in proper condition.
2. Salary was not paid regularly. Salary was paid in the gap of 2-3 months.
3. Salary slips was not issued.
4. No Identity card was issued
In the appointment letter, it is stated that "company can terminate given her notice of three months or notice which is mutually agreed. But if any indisciple,irregularity the company can terminate the services without giving any notice"
Now, as the information I have collected there was no indisciple or irregularity done by her. The only thing she used to ask about the salary and salary slips.
She was asked to resign on the same day giving the reason as poor performance without any meeting and without any notice period,
no salary paid for the last month of resignation and no documents has given.
She has given resignation which was not replied by previous HR. At that time it is said that you have deleted the files.But she replied that has deleted her personal files only.
Now, she is asking her documents(reliving letter, experience letter).
It is said to me that check whether any legal action can be taken against her.
Considering all the above situation my queries are :
1. Can we take any legal action can be taken against her.If yes what?
2. Can she take any legal action(note she does has appointment letter,bank statement but does not have identity card,salary slips) to get documents and salary of the month she has worked.If yes what?
From India, Mumbai
Let me understand :
You have unfairly terminated an employee mainly because she asked for her salary in time and salary slip.
Now you want to know how to take legal action against her ?
I do not think most of the members on this site will help you.
I would suggest you give her the documents she asks for.
If she were to approach a good lawyer, he will definitely find the way to file a case and provide enough evidence, including witnesses who will be forced to confirm that she used to work with you.
From India, Mumbai
You have unfairly terminated an employee mainly because she asked for her salary in time and salary slip.
Now you want to know how to take legal action against her ?
I do not think most of the members on this site will help you.
I would suggest you give her the documents she asks for.
If she were to approach a good lawyer, he will definitely find the way to file a case and provide enough evidence, including witnesses who will be forced to confirm that she used to work with you.
From India, Mumbai
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