Dear all,
I worked for a Private Company from 7 Dec 2012, On 14 May 2014 the company Terminate me without any notice period, Reason was "WE NEED NOT YOUR SERVICE", and I was terminated from service with immidiate effect as well as I have to sign in "NO DUES CERTIFICATE" and "RESIGNATION LETTER" to fullfill all the formalties to clearance in my final payment. During this service period six months probation period I completed on 15 June 2013, While I got appraisal form on 1st January 2014 which was sent to the HR on 26 January 2014. and after one year and 158 days of service I was terminated,
AS I WAS AT SITE SO MY TERMINATION WAS TELEPHONIC (NO MAIL) (DURATION: TWO MINUTES), THERE MAY BE MISGUIDANCE SO I REACHED HEAD OFFICE
ON 22nd May 2014, The HR confirmed me my termination, As well as he said me "the salary of 14 days will be paid on 7th of June 2014 while YOU ARE NOT LIABLE FOR VARIABLE"
As per Appointment Letter My yearly Salary is Rs.3,60,000.00 BUT with DEDUCTION (Variable payment10% of salary + LTA- Rs.800 & Bonus- Rs.800 = Rs..4,600.00) I get in hand Rs.25,401.00 PM.
Till May 2014 LTA & Bonus is due for 2 months but VARIABLE is due from JOINING to TERMINATION duration.
N O W : - WITH ABOVE DETAIL PLEASE SUGGEST ME WHAT AND WHAT STEP I SHOULD TO TAKE ?
ALL ABOVE DOCUMENTS ARE PRESENTS IN HARD COPIES,
From India, Mumbai
1I worked for a Private Company from 7 Dec 2012, On 14 May 2014 the company Terminate me without any notice period, Reason was "WE NEED NOT YOUR SERVICE", and I was terminated from service with immidiate effect as well as I have to sign in "NO DUES CERTIFICATE" and "RESIGNATION LETTER" to fullfill all the formalties to clearance in my final payment. During this service period six months probation period I completed on 15 June 2013, While I got appraisal form on 1st January 2014 which was sent to the HR on 26 January 2014. and after one year and 158 days of service I was terminated,
AS I WAS AT SITE SO MY TERMINATION WAS TELEPHONIC (NO MAIL) (DURATION: TWO MINUTES), THERE MAY BE MISGUIDANCE SO I REACHED HEAD OFFICE
ON 22nd May 2014, The HR confirmed me my termination, As well as he said me "the salary of 14 days will be paid on 7th of June 2014 while YOU ARE NOT LIABLE FOR VARIABLE"
As per Appointment Letter My yearly Salary is Rs.3,60,000.00 BUT with DEDUCTION (Variable payment10% of salary + LTA- Rs.800 & Bonus- Rs.800 = Rs..4,600.00) I get in hand Rs.25,401.00 PM.
Till May 2014 LTA & Bonus is due for 2 months but VARIABLE is due from JOINING to TERMINATION duration.
N O W : - WITH ABOVE DETAIL PLEASE SUGGEST ME WHAT AND WHAT STEP I SHOULD TO TAKE ?
ALL ABOVE DOCUMENTS ARE PRESENTS IN HARD COPIES,
From India, Mumbai
First of all get the clarification for termination, the reason for termination has to be sought for, to come to any conclusion. Just stating we need not your service will not suffice. Tell them to give everything in writing so that the same can be challenged in the court of law for justice.
From India, Ahmadabad
From India, Ahmadabad
Respected sir,
For my termination there was neither any LETTER nor E-MAIL only company's HR's call, More over I was at site (at Surendranagar, near Ahmedabad, Gujarat) So without any argument I accepted my discharge,
Sir, statically or legally if there is any one is wrong then THIS IS MY VIEW “that an employer fulfills their all terms and conditions before initiating someone as employee, therefore at all stages employer must follow all the necessary requirements”,
Even though I visited Head office on 22 May 2014. Without entertaining my present at office the HR said that “Your 14 days pay will be credited with monthly payment, and experience certificate will provided after one month from date of termination.
Please suggest me “WHAT IS MY RIGHT”
From India, Mumbai
For my termination there was neither any LETTER nor E-MAIL only company's HR's call, More over I was at site (at Surendranagar, near Ahmedabad, Gujarat) So without any argument I accepted my discharge,
Sir, statically or legally if there is any one is wrong then THIS IS MY VIEW “that an employer fulfills their all terms and conditions before initiating someone as employee, therefore at all stages employer must follow all the necessary requirements”,
Even though I visited Head office on 22 May 2014. Without entertaining my present at office the HR said that “Your 14 days pay will be credited with monthly payment, and experience certificate will provided after one month from date of termination.
Please suggest me “WHAT IS MY RIGHT”
From India, Mumbai
To advise appropriately, the forum should know the reason for termination. You in turn should write a letter/mail to the HR and the reporting manager the reason for such termination. One cannot terminate all of a sudden a confirmed employee stating your service is not required, it is not a child's play. This type of attitude happen only in LALA company only.
Even if there is any deficiency from your end towards work or code of conduct, they should conduct a domestic inquiry and should ask for explanation and then they will warn you officially.
Let seniors also put their view
From India, Ahmadabad
Even if there is any deficiency from your end towards work or code of conduct, they should conduct a domestic inquiry and should ask for explanation and then they will warn you officially.
Let seniors also put their view
From India, Ahmadabad
When a resignation obtained from an employee in lieu of termination can be challenged. As per Supreme court, (M/s Atlas Cycle (Haryana) Ltd.
vs. Kitab Singh (2013 LLR 231),Quitting job for no reason is resignation obtained by coercion. (2013 LLR 231). But this needs to be studied with a practicing lawer in Labour laws.
But if a company terminate employees regularly, and all such employees addressing the issues jointly, there may be chances.
From India, Pune
vs. Kitab Singh (2013 LLR 231),Quitting job for no reason is resignation obtained by coercion. (2013 LLR 231). But this needs to be studied with a practicing lawer in Labour laws.
But if a company terminate employees regularly, and all such employees addressing the issues jointly, there may be chances.
From India, Pune
Hello,
This is unfrotunately due to the fact that the labor laws do not apply to white collar jobs and therefore the management exploits the labor.
The problem is compunded in the IT industry, specifically by the IT Services companies. When the company is expecting a project from a prospective client, they make tall claims and recruit people by hundreds.
In many instances where the projects do not materialize, the employee is served pink slips and told to leave. Only to repeat the same process again if there is a new prospective client in the bnext couple of months.
The best way to eliminate this situation is by enforcing the Labor laws followed in US and Europe etc.
Any company that is laying off employees should be held accountable and the company has to confirm that the positions being closed shall not be re-opened in the next 12 months atleast. This way there is a pressure on the organizations from carelessly hiring and firing away employees.
Please check out AIITEA - Home
From United Kingdom, Reading
This is unfrotunately due to the fact that the labor laws do not apply to white collar jobs and therefore the management exploits the labor.
The problem is compunded in the IT industry, specifically by the IT Services companies. When the company is expecting a project from a prospective client, they make tall claims and recruit people by hundreds.
In many instances where the projects do not materialize, the employee is served pink slips and told to leave. Only to repeat the same process again if there is a new prospective client in the bnext couple of months.
The best way to eliminate this situation is by enforcing the Labor laws followed in US and Europe etc.
Any company that is laying off employees should be held accountable and the company has to confirm that the positions being closed shall not be re-opened in the next 12 months atleast. This way there is a pressure on the organizations from carelessly hiring and firing away employees.
Please check out AIITEA - Home
From United Kingdom, Reading
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Termination-emp loyment_563.pdf
Termination letter.doc