False Settlement Against Injustice Temination - CiteHR
Anil.arora
Administration Head
Aditya84tiwari
Human Resources
+4 Others

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To,

HR (Adviser)

Dear Sir,

Good Evening.

I am Pawan Rathod residing in Mumbai (India - Maharashtra State). I would like to withdraw your valuable attention on my termination employment.

I was on probationary period in a company where i was top performing in the organisation for the growth in administration field. I was designated as admin officer. I was very well handling every responsibilities of the company.

I had completed two & half months in the company & also have two months successfully performance report copies authorized by the company director. They terminated me without any verbal intimation and nor in written. During the employment, Once i had discussed regarding my salary with the company director. Director consider my performance and i got nice salary hike which will effect once the three months (Probationery Period) over from the date of joining. One day suddenly in the morning i have been terminated and their reason was my attitude was not good that's why they terminated me.

I accepted the termination because i didnt like the reason for the employment termination.

After the termination, the dirctor of the company said to me your full & final settlement will be done with in 60 days from the date of termination. Now its 75 days over. They prepared my salary settlement payment which is without 1 month notice pay. So i mailed them its the false settlement. I would be appealing in the labour court for the same. So that day i received a call from the company director regarding the settlement. When i asked him about the 1 month notice pay then he said you were on probation period so company has the rights to terminate at our own wish at any time without any notice.

I request you, please give your opinion regarding such one side favouring rule for the company and not favouring to the employee. Is such injustice rule existing by which employer can take advantage of it for terminating the employee even in the condition if that employee performing very well. Please suggest whether to accept that false payment cheque or not. What legal action i can take against them for such injustice ?.

Waiting of your valuable advice for further taking action.

FYI.

1. After Asking Verbally for Offer Letter & Appointment Letter - I didnt received. They were procasting continiously.

2. Just a confirmation mail i received written on the day i joined the company only subjected ''Employment Confirmation'' and nothing else like no terms & condition etc.

3. I have not accepted that false payment cheque from the company.

Dear Mr Rathore,
Company can terminate your services without given written or verbal notice to you during the probation period, and you haven't wrote term & conditions of employment in you appointment
regards
satyendra kain

Dear Sir,
I am thankful in receiving your valuable advice. As you said employment terms & condition. They neither gave me offer letter nor any appointment letter for which i was asking continuously from them. I received only a confirmation mail subjected ''Employment Confirmed'' in which there was no terms and condition at all.
Please reply
Regards
Pawan Rathod

Hi Pawan,
But the way the company has treated you i can judge that is a proprietary/PVT family run company, correct me if im wrong. Most of the family run companies in India are still practicing wrong ethics but you can definitely contact forums for the same. You should not let go of the money if you deserve the same as it is your right. No company can fire a person without logical reasons so please ask them to provide a valid and logical reason.

Dear Mr. Tiwari, Its an Private family run company. If you know about legal action to be taken for such peoples, please advise
Hi Pawan, You can try to sue them with the help of a good lawyer, they may not want to get into legal issues for such small amount and may eventually pay the emoluments to you.
Dear All,
I do agree with the above statement of not getting yourself associated with the company who doesn't provide appointment letter; however, in many cases appointment letter is provided after 15-20 days of joining or so as per the policy. So, how we can judge whether it is a non ethical company where our future can be ruin. Kindly suggest..
Regards,
Shilu

Dear Mr.Rathod.
As per the labour laws in india, you are not able protect your job or not in a position to ask 1 month notice or salary, where u have not received any appointment letter and terms and conditions from the employer...
The employer having rights to terminate the any employee, who are in training and probation.
I hope you understood.
Regards,
Tirupathi Reddi
FYI.
1. After Asking Verbally for Offer Letter & Appointment Letter - I didnt received. They were procasting continiously.
2. Just a confirmation mail i received written on the day i joined the company only subjected ''Employment Confirmation'' and nothing else like no terms & condition etc.
3. I have not accepted that false payment cheque from the company.

Dear TIrupathi Reddy, Will it help the case, if Mr.Pawan has any written communication requesting for apppointment letter. Regards, Vinoth
The very first mistake is that you have never obtained your Appointment Letter according to your query and the reason of your termination they have stated and you have expressed here, if found correct by them, they deserve the right to terminate you.

Second, I can also feel something wrong, your wrong attitude and approaches by your query, therefore, I would like to know from you, what was wrong at your end and what wrong you did that made them feel to terminate you while you were a good performing employee and been appraised by your Director once in past. There was certainly something wrong that you have not shared here methinks. Please, if anything that you are hiding, can share to enable members to give you more specific solutions.

Third, the member who are talking about taking legal action against the employer, let me ask you, how and what basis he can take actions or you are suggesting him, though he has no appointment letter (Written Terms & Conditions of Employment) but they can anytime prove his mistakes and misconduct if he has done while his employment. Also if they have issued him “Termination Latter by stating the reason of his misbehave, Attitude or any misconduct” this can also be in favorable thing to Employer.

You must not forget that any employee who is performing good and being appraised for good work, not easily be gone away or terminated without any strong reason by Employer as Employer always wants to have good resources/ employee to work, no matter it is an private family own business or any other firm.

Pawa, your statement “I accepted the termination because i didnt like the reason for the employment termination.” is also giving us a sense of your wrong approach and attitude, cant you and other member get it?

About settlement, if there was “one month notice period salary” condition applying by them with termination factor or with the offer latter, you can’t fight for more.

It is acceptable that even after 75 days they have not given you F&F while the period was 60 and they supposed to but the approach you have used here is also wrong. Do you really think the approach of threatening them by appealing to labour court was right and do you have any written fact conditions of employment that you can introduce to labor court to get appeal accepted?

Also, please do not take them wrong by that they responded you back on your phone call after getting threatening by you, its just like they are doing their job but nothing that they got scared. I believe the one who have advised you to go “Labour Court” has seriously misguided you or forget to tell you the procedure of the same, and you are also not getting the facts.

Lastly, with the facts I found with your query and other responses, I would suggest you to go to your Employer and speak to them nicely and get clear all these things wisely instead of making more mistakes.


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