[email protected]
consultant in legal matters

Your work place seem to be in Haryana and thus governed by Punjab shops and establishment Act. Prima facie, under section 22 of the Act, your termination is illegal and without reasonable cause and though on allegation of non performance, it ought to have been proved through charges leveled against you. If it was termination simplicitor then even one month's pay had to to be given with reasonable cause. If challenged under this Act, you can be awarded two months wages. If you are covered under definition of workman then challenge it under ID Act wherein you can be reinstated with backwages depending in circumstances of case. After your resignation you were entitled to be relieved after one month in view of section 23 of the Shops Act.
Thanks
Sushil

From India, New Delhi
cite4
Executive

Hi Dikshit,
Please share your number with me as I am facing these issues since March'13...may be we can help each other.
A big MNC where I used to work 2 years back has waived off my leave salary with my unserved notice period salary when they themselves did not allowed me to serve my notice period. I am in high grief & anger and want to teach them a lesson forever. What path should I follow?

From India, Delhi
nathrao
Insolvency n GST Professional

Cite4,
There are remedies in law for violations.
I would ask you how much did this act of your former employer affect you-terms of money and any other impact??
As far as trying to teach MNC a lesson it would have no impact.
Recent high profile cases and how they have managed to tackle the fallout of their actions is an indication.
Their lawyer will fight it out in a court and get paid.Company will treat this expenditure as business expenses.
I would advice move on with life and realise that life and people are imperfect.
Bother about your professional growth,personal growth and forget bad memories but learn from them.

From India, Pune
cite4
Executive

Hi NathRao,
Thanks for your reply!
If I aggregate the salary for the notice period that remained unserved & my leave salary, it comes out to be about Rs.32,000/-
They even made me sign a NDC for secure themselves which I had to sign and send via mail in order to get my relieving letter. They put this condition on mail, so that evidence I have against them of playing my career that no company has the right to do. That even makes the NDC that I shared with them null & void coz I did not had any other choice but to agree.
They also sent me my Relieving letter after 4 months of my LWD which is unacceptable as they themselves has the policy of 45 days.

From India, Delhi
[email protected]
HR , IR , Complainces

It is nice to see that you are putting up a fight for your rights. Advised to seek a lawyer's
advice and send a legal notice claiming your dues & informing the subsequent flow of
events in proper prescribed format to the HR Dept of your previous employer & copy
marked to the labour department.
Hoping your issues are resolved without much hassels.
Take care,
SOURAV MUKHERJEE

From India, Bangalore
Hi I have work for a company for almost 4 months, and I was unwell on duty because my boss has sent me to some place to buy few things in 45 degree heat, there I got uncouncious, send a message to my boss and HR the next day, sent my medical certificate ad fitness, my boss says this medical is fake. the day i have rejoin after my illness i was shocked he has terminated my services without notice on the medical ground, i have a file complaint with Labour department, please help me to write a letter to labour commissioner about my 1 month notice period to pay.
Thanks
Mita Narayan

From India, Delhi
nathrao
Insolvency n GST Professional

On what basis did your boss declare your medical certificate false?
Is he a doctor?
He cannot terminate your service without giving you notice?
If the facts you mention are true, good lawyer can get you justice.

From India, Pune
Dear Dikshit
At the outset your post is not cleare in many aspects.
1. When did you join the company, and how long you have served the company.
2. Did the company served any Termination letter to you and what is the reason mentioned in it. ( I am sure that no company will terminate any associate just for a reason not attending to office on one day as it will not stand in the court of law if the associate challenges this in any court)
3. Even if you work for more than one month, you will find your PF and ESI numbers on your payslip given to you.
4. When the situation has happend on Sep2011, why you are bringing this to the forum now after almost 4 years.
5. Did you join any other company after Sep 2011, if so, how did the new company allows you to join without proper relieving letter etc.
6. Are you recruited as regular employee or on contract basis or through third party contract
Before proceeding to any labour tribunal or court, pl. check the limitation act, If I am not wrong, this is time lapsed and law of limitation will be applicable.

The reason mentioned by you for not attending to office on a week off due to Telangana issue is also may not be found proper by the company as all other employees can attend to office on that day, why can't you
Keeping in view of all these points, just don't proceed for any leagal actions on the company without having all sufficient proofs, which may spoil your career.
Make sure that there is no fault of yours in any way like malpractice, BGC Red etc.

From India, Hyderabad
dikshit.tgs
Human Resources Professional

Dear RSKAIPA36,
Firstly, thanks for taking time out and sharing your valuable inputs.
Well, let me answer the above raised questions on a point trio point basis.
1) I've joined the company in March 2011 and served till September 2011.
2) The company didn't serve any formal termination letter, instead gone ahead and revoked my access to the biometric system, email, computer, and stopped my salary.
3) Since, I was on third party payroll, my principal employer is supposed to be issuing me a payslip, which never happened.
4) The issue was posted in October 2011 and not now...
5) Yes, I did join other organization based on the relieving letter and other formal documents I received after taking it to the court of law and with the courts intervention.
6) Please refer point no. 3
I hope, this is more clear now...

From India, Hyderabad

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