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  #1 (permalink)  
Old 13-11-2007, 02:37 PM
donitasoft's Avatar
Join Date: Nov 2007
Location: Chennai
Posts: 4
Default Termination of employee via sms

Dear Sir, I was working as a webdesigner in a small software company.
& I signed non disclouser agreement. Compny not given offer letter but fix my slary 5500 theen increased 8000. Five months I worked their. Company timing is 9 hours. but they wish to my working hours 10-12 hours per day. 6 times i told this matter. But again & again it happens. So I told I can't work any more. I will give resign letter next month and I leave the compnay. but next day I got an sms that I am terminated from the job. after two days they are asking my Id card and my salary back. that time I got 8000 and that sms tell my salary decreased by 5500 and balance I have to give back. otherwise they will take leagal action. Please advice me what i do?
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  #2 (permalink)  
Old 13-11-2007, 02:45 PM
Amith R Murthy's Avatar
Join Date: Sep 2007
Location: Mysore
Posts: 773
Default Re: Termination of employee via sms

Hi Friend,

I think SMS is not a valid way to terminate any employee according to LAW and since you have signed a document you need to go according to it and ofcourse not having offer letter means you wont have main required proof.

More than this i don't have much of an idea of this matter. Others give your views on the same.........

Regards
Amith R.
  #3 (permalink)  
Old 13-11-2007, 03:35 PM
Indra Priyadharshini's Avatar
Join Date: Jun 2007
Location: Chennai
Posts: 74
Default Re: Termination of employee via sms

Hi,

To take legal actions, formal proof should be there. Dont worry.

Our seniors will suggest you on this regard.

Regards
Indra Priyadharshini
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  #4 (permalink)  
Old 13-11-2007, 03:46 PM
gskanda's Avatar
Join Date: Oct 2007
Location: Hyderabad
Posts: 11
Default Re: Termination of employee via sms

Do not worry. No legal action cannot be taken against You. As such there are no proper grounds accoriding law in india.
  #5 (permalink)  
Old 13-11-2007, 03:57 PM
Kunjal's Avatar
Join Date: Jul 2006
Location: New Delhi
Posts: 91
Default Re: Termination of employee via sms

After analysing the problem put across you,it appears that they would not be able to take legal action against you as per the law of India.
  #6 (permalink)  
Old 13-11-2007, 05:05 PM
geeyech's Avatar
Join Date: Nov 2007
Location: Bangalore
Posts: 8
Default Re: Termination of employee via sms

Did the company issue an appointment letter? if so what are the terms of hte agreement, as regards termination. there must be a notice period and even otherwise there must be other provisions in teh agreement for terminating the employment, like contravention of any conditions relatign to employment or misconduct etc.
terminatign emplooyment through sms is too much and has absolutely no legal validity. before surrendering the id card, you can insist for an official communication. there threat of initiating legal action is just a paper tiger. dont be afraid of that. but ur statement of facts lacks details.
  #7 (permalink)  
Old 13-11-2007, 05:24 PM
donitasoft's Avatar
Join Date: Nov 2007
Location: Chennai
Posts: 4
Default Re: Termination of employee via sms

Thank you for relpy.

Company not given appointment letter.
but they told provide the releve notice from my previous company after they will give appointment letter.+

That company can do any police action against me in this regarding? If it happens what i do?
  #8 (permalink)  
Old 13-11-2007, 05:29 PM
Manish Mishra's Avatar
Join Date: Nov 2007
Location: Noida
Posts: 85
Default Re: Termination of employee via sms

Hi

First of all, termination via sms is not valid, it should be properly documented as mention in the appointment letter.

Now, as you are saying you dont have the appointment letter then leave it they cnt do anything. If they call you ask them to give proper termination letter.

Thanks

Manish
  #9 (permalink)  
Old 13-11-2007, 06:56 PM
SarithaB's Avatar
Join Date: Oct 2007
Location: bangalore
Posts: 33
Default Re: Termination of employee via sms

Hi,

Dont Worry,they cant do anything as they have not issued the offer letter.

Do not work with any company if they are not providing you the offer letter/oppointment letter.If any company is working in that way,it means that they are unprofessional.Even if something happens to you,you will not have any proof to ask the employer.

Take care..
Saritha
  #10 (permalink)  
Old 13-11-2007, 08:04 PM
donitasoft's Avatar
Join Date: Nov 2007
Location: Chennai
Posts: 4
Default Re: Termination of employee via sms

Thank you for your reply. Future I will be very careful.

I am very happy to receive your reply.
Moring I was very sad. But now i am happy.
also I met an advocate in this regard.
his reply and all your reply is same.

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