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HI,
can any one clarify me on the below issue.
If a person has been terminated on the grounds on discipline with out giving the notice..(where the scenario is they have a doubt on the employee that he was doing some freelancing job by using company resources).Where the employee is struggling for His salary for the month which he served and PF amount( almost he is working for 2 Yrs) and relieving letter.
Company is saying that hey have some proof but When he requested show them they were not showing to him not they are taking his explanation.After a long conversation, employer has decided to give his salary but not PF amount.
can any one suggest me, can he demand for his PF amount an relieving letter.

Starting August suddenly I was handed over a Termination letter from my previous company (company type - Proprietor) stating under-performance, which stands in correct as my monthly target always exceeded than given (e.g Monthly Sales Target - Month April - 2.5L, achieved 3.75L; Month May - 2.5L, achieved 4.10L, Month June - 3.0L, achieved - 4.40L; Month July - 3.0L, achieved - 4.95L) & in August- Surprise Gift.

The company also paid salaries very very late (while joining it said by 10th) e.g - salary of May\'13 was given on 26th June\'13, and later came to know also it had a bad reputation n the market of \"Check bounce\" which was given to suppliers.

So based on the given true facts how to do I claim for my basic right i.e salary from a Proprietor company or at-least teach the MD a lesson for cheating on employee & not to be faced by others. (although would like to mention that few days back had a tough face to face talk with the MD...yelling that I will not give you any money, do whatever you feel like).

So again based on the facts although I have got into another company (just had to wait for 20 days). But here too they have PF, salary given on time, growth structure - a Ltd company.... just wanna make sure or rather understand how to evaluate any company in practical.

All your esteemed suggestions/Advises would be highly regarded as am I don\'t wanna fall again.

Thank you.

Regards

Amartya Chaudhury

Karthy,
As Madhu Sir said exactly that no worker can be dismissed on the ground of indiscipline without conduction a domestic enqiry against him.This is provision made under ID Act.
But for the instance,you did not want to see him on work more,you can suspend him pending inquiry and arrange for inquiry proceedings in next course.After concluding all process he can be dismiss according the finding reports.
Thanks,
Mangesh Wakodkar
Aurangabad

Dear Sir,
I would like to know if an employee who has been working in an organization for past 4 years, be terminated without paying any severance pay if :-
1. He is a constant lat comer to work
2. He takes uninformed leaves in a month.
3. He approaches clients of the organization and tries to degrade the name of the employer and his services.
He has been issued a letter of warning for the same and still there seems no improvement from his side. Your inputs on the above will be very helpful.
Regards,
Suraj

On these ground you can very well frame charges and ask the employee to reply and conduct an enquiry if required and then take a call of terminating him. At the same time, if you had not given any warning letter, conducted any enquiry based on the reports available after giving him a charge sheet narrating the charges, your act of terminating will be viewed as illegal. The charge sheeted employee should be given opportunities to be heard before any action is taken against him.
Madhu.T.K

Thank you very much for writing back. Would appreciate if you could also put some light on the below.
After the enquiry if the employee is still found to be at fault, can he be terminated? If yes, would like to know if the organization is still liable to pay severance pay to the employee?
Regards,
Suraj

Occurrence of a misconduct can be viewed as 'habitual' but that itself will not lead to termination without holding enquiry. You have to conduct another enquiry and certainly, in that enquiry the precedence shall be a strong evidence against him which can be compounded to arrive at a punishment this time.
If the termination is after conducting an enquiry and as punishment, then severance pay need not be paid. But at the same time, an employee eligible for gratuity should be paid gratuity even if he has been terminated following an enquiry other than for those gross misconducts involving moral turpitude or violent behaviour or such acts causing damage to company property.
Madhu.T.K

Hi Gauri,
This cannot be done... Black listing of candidates on mere "NO SHOW" to the interviews & Taking offer letter & not responding ( it may not amount to UNPROFESSIONAL behavior), cannot be done, Publishing of such candidate names would attract legal problems to the Firm (its not justifiable at all) ...... We do understand the pain of recruiting( the targets, revenue & pressure from clientele). However, on a professional level it may not be done.... My take on this particular issue would be, Analyze the NEED of the Prospective employee before recruitment/interview. If that NEED ANALYSIS can be done ( A Smart recruiter in No Hurry can do it better) the problem of No show can be nullified to maximum extent..... Coming to no response after Offer is purely on the Candidate, it is all his/her right to reject the offer ( no response is a way of saying "i may not accept your offer").

I have Question like if Employee left job and with in one year if company can refuse to pay his last month salary
Company cannot refuse to pay the salary for the period one has actually worked. Therefore, the question of one year or one month does not arise. The employer is suppose to make payment of wages of a left employee within 48 hours of his leaving the company.
Madhu.T.K


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