Hello,
I was terminated by a company two months back but they dint issued me any termination letter. They sent me a formal mail to handover all the tasks to handover to them. It is a startup company with no HR. On mail they agreed me to pay my last month salary, my dues which were pending from last 4 months and 1 month notice period as well.But after handover, they started troubling me for my money. Now they are not even paying me my full salary and dues. They are asking me sign a resignation letter in which they mentioned my last day of working as 15 but my last day with them was 23rd. The letter also states that i asked them to waive off my notice period and hence they are accepting my resignation and they are saying that i will only be paid if i sign that letter.
I dont want to sign that letter as the things mentioned in the letter are not correct. They also called me twice to their office by saying that they will pay and then only pressurized me to sign the letter. Lastly i asked them to change the date in relieving letter and the i will say. But they are not happy with that as well. Now they are saying, i had taken too many unauthorized leaves and it was a case of bad performance, so they will not change anything. My total amount with them is around Rs 65000 and they are paying me only 11000 that too after signing that letter.
Please advise, how can i handle them. Is it correct if i will take a legal action.
From India, Jaipur
I was terminated by a company two months back but they dint issued me any termination letter. They sent me a formal mail to handover all the tasks to handover to them. It is a startup company with no HR. On mail they agreed me to pay my last month salary, my dues which were pending from last 4 months and 1 month notice period as well.But after handover, they started troubling me for my money. Now they are not even paying me my full salary and dues. They are asking me sign a resignation letter in which they mentioned my last day of working as 15 but my last day with them was 23rd. The letter also states that i asked them to waive off my notice period and hence they are accepting my resignation and they are saying that i will only be paid if i sign that letter.
I dont want to sign that letter as the things mentioned in the letter are not correct. They also called me twice to their office by saying that they will pay and then only pressurized me to sign the letter. Lastly i asked them to change the date in relieving letter and the i will say. But they are not happy with that as well. Now they are saying, i had taken too many unauthorized leaves and it was a case of bad performance, so they will not change anything. My total amount with them is around Rs 65000 and they are paying me only 11000 that too after signing that letter.
Please advise, how can i handle them. Is it correct if i will take a legal action.
From India, Jaipur
Dear KA.
Do one thing, as you dont have in writting as they interminate you so, Put email, stateting all comunication has been done between you & company & request for full & final amount, then let them revert.
Once they revert, just let us know, what they write, so, accordingly, member will guide you in systamatic way..
From India, Mumbai
206Do one thing, as you dont have in writting as they interminate you so, Put email, stateting all comunication has been done between you & company & request for full & final amount, then let them revert.
Once they revert, just let us know, what they write, so, accordingly, member will guide you in systamatic way..
From India, Mumbai
There are some things unclear in your post.
1. How long were you working there ?
2. what is your designation ?
3. What was your salary ?
4. How is the 65,000 and 11,000 worked out ?
5. What was mode of payment ? Do you have any documentation like appointment letter, etc ?
From India, Mumbai
1. How long were you working there ?
2. what is your designation ?
3. What was your salary ?
4. How is the 65,000 and 11,000 worked out ?
5. What was mode of payment ? Do you have any documentation like appointment letter, etc ?
From India, Mumbai
Thank You Saswat Banerjee Sir and Tushar Sir!
Yes, i have an appointment letter with me. I worked there for almost 6 months. I was working as Manager- IT. My salary was 30k.
I worked for 22 days in April i.e my April's salary is 22,000 and they told me to leave and agreed that they will clear all my dues and will pay for 1 month notice. I have this thing in writing on mail from one of the founders of the company. 9000 i paid to one of their vendors as his card was not working so made the payment from my card and rest of the 4000 are my bills of last 2 months.
Total: 22000+30000+9000+4000 = 65000
They are calculating my salary only till 11th of April and are paying me 11000 only that too if i ll sign the resignation requesting them to waive off my notice period. Initially they callled me to office twice for F&F but they pressurized me to sign a letter which states they are liable to pay only 11 days salary.
After this one of the co-founders started following me and he used to call me at odd timings. I am staying in a hostel and he usually comes infront of my hostel and asks to go for a dinner with him or on to a coffee. I threatened him that i call police if he call me and come infront of my hostel again so he stopped coming. ( He is a very senior person, an ex banker from a VP level position from one of the renowned bank, he joined the company as a cofounder recently)
In my appointment letter, it is mentioned clearly that if i resign i have to serve a 2 months notice or pay for 2 months and if they terminate then also same conditions.
When i refused to sign the letter they said that i was working for some other organization as well at the same time(which is not true) and there are unauthorized leaves on my account and performance issues. Also, for bills they said forward all the bills and we will clear your dues in 7 days but then they refused to pay them as well.
Other 2 founders are also very sr persons. One of them was country head for one of the MNCs and other for a bank. If i ll take a legal action against them will it affect my career in long run.
Please advise.
From India, Jaipur
Yes, i have an appointment letter with me. I worked there for almost 6 months. I was working as Manager- IT. My salary was 30k.
I worked for 22 days in April i.e my April's salary is 22,000 and they told me to leave and agreed that they will clear all my dues and will pay for 1 month notice. I have this thing in writing on mail from one of the founders of the company. 9000 i paid to one of their vendors as his card was not working so made the payment from my card and rest of the 4000 are my bills of last 2 months.
Total: 22000+30000+9000+4000 = 65000
They are calculating my salary only till 11th of April and are paying me 11000 only that too if i ll sign the resignation requesting them to waive off my notice period. Initially they callled me to office twice for F&F but they pressurized me to sign a letter which states they are liable to pay only 11 days salary.
After this one of the co-founders started following me and he used to call me at odd timings. I am staying in a hostel and he usually comes infront of my hostel and asks to go for a dinner with him or on to a coffee. I threatened him that i call police if he call me and come infront of my hostel again so he stopped coming. ( He is a very senior person, an ex banker from a VP level position from one of the renowned bank, he joined the company as a cofounder recently)
In my appointment letter, it is mentioned clearly that if i resign i have to serve a 2 months notice or pay for 2 months and if they terminate then also same conditions.
When i refused to sign the letter they said that i was working for some other organization as well at the same time(which is not true) and there are unauthorized leaves on my account and performance issues. Also, for bills they said forward all the bills and we will clear your dues in 7 days but then they refused to pay them as well.
Other 2 founders are also very sr persons. One of them was country head for one of the MNCs and other for a bank. If i ll take a legal action against them will it affect my career in long run.
Please advise.
From India, Jaipur
Dear KA,
I feel in entire above explaination two line is very important that is..
" i have an appointment letter with me" & "I worked for 22 days in April i.e my April's salary is 22,000 and they told me to leave and agreed that they will clear all my dues and will pay for 1 month notice. I have this thing in writing on mail from one of the founders of the company"
Therefore, if you have in writting that, company will pay you one month notice, then i mean that, on the ground of mutual understanding, they have terminated your contract of employment & ready to pay the notice period as mentioned in employment agreement.
You may take the legal action against them, but, be aware, as you said that, these people are very Senior & from from banking sector, so, defenetly they are not fool to make such mistake..
i would suggest you to take advise from Advocate.
From India, Mumbai
I feel in entire above explaination two line is very important that is..
" i have an appointment letter with me" & "I worked for 22 days in April i.e my April's salary is 22,000 and they told me to leave and agreed that they will clear all my dues and will pay for 1 month notice. I have this thing in writing on mail from one of the founders of the company"
Therefore, if you have in writting that, company will pay you one month notice, then i mean that, on the ground of mutual understanding, they have terminated your contract of employment & ready to pay the notice period as mentioned in employment agreement.
You may take the legal action against them, but, be aware, as you said that, these people are very Senior & from from banking sector, so, defenetly they are not fool to make such mistake..
i would suggest you to take advise from Advocate.
From India, Mumbai
I think you are a female employee.
You have not stated it, but I can figure that our from some of the things you have stated.
In case that is true, the termination and the behaviour of your former employer takes a different light.
The termination, it seems, is not for your bad work, or for performance, or anything related to employment, but for your failure to respond to overtures of your employer. The fact that you had to threaten him with police complain is evidence in support.
It would be something that comes under the prevention of sexual harassment of working women act. You can initiate action against the company and specifically against the co-promotors who has been harassing you. The complaint can be made. Oth at the local police station (there is one women police station in Jaipur where you can go) and also to the district collector, through him to the local complaint committee.
You may talk to one of the NGOs dealing with cases of sexual harassment. They will help you through the process and also providing counselling required to over come the negative impact of what you have faced.
I hope I am reading the matter wrong, but the circumstances indicate that is what happened.
From India, Mumbai
You have not stated it, but I can figure that our from some of the things you have stated.
In case that is true, the termination and the behaviour of your former employer takes a different light.
The termination, it seems, is not for your bad work, or for performance, or anything related to employment, but for your failure to respond to overtures of your employer. The fact that you had to threaten him with police complain is evidence in support.
It would be something that comes under the prevention of sexual harassment of working women act. You can initiate action against the company and specifically against the co-promotors who has been harassing you. The complaint can be made. Oth at the local police station (there is one women police station in Jaipur where you can go) and also to the district collector, through him to the local complaint committee.
You may talk to one of the NGOs dealing with cases of sexual harassment. They will help you through the process and also providing counselling required to over come the negative impact of what you have faced.
I hope I am reading the matter wrong, but the circumstances indicate that is what happened.
From India, Mumbai
Hello KA,
If you are an IT employee, you can avail the help of an association such as AIITEA or ITEC to guide and support you.
Also remember that there is strength in numbers, so instead of battling it alone it is wise for you you take the case through an association.
AIITEA - Home
From United Kingdom, Reading
If you are an IT employee, you can avail the help of an association such as AIITEA or ITEC to guide and support you.
Also remember that there is strength in numbers, so instead of battling it alone it is wise for you you take the case through an association.
AIITEA - Home
From United Kingdom, Reading
Dear
first go to your respective labour office & file a application of e legal termination of services & notice the company in front labour consolation officer. Do not sign any paper.
As per Law they have to pay you 1 month notice if in case the company dose not require your services.On the same they also have to give all EL encasement with all salary dues as per your appointment letter.
From India, Mumbai
first go to your respective labour office & file a application of e legal termination of services & notice the company in front labour consolation officer. Do not sign any paper.
As per Law they have to pay you 1 month notice if in case the company dose not require your services.On the same they also have to give all EL encasement with all salary dues as per your appointment letter.
From India, Mumbai
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