You have not mentioned the reason for termination.
1) if the termination is on the ground of poor performance after following the process of Improvement plan for some duration and amicably accepted by all parties, then the relieving ad service certificate will be provided after the full and final settlement, The companies have various SLA's on the process.
2) If the termination is based on unethical malpractices or serious violation of policies , where after setting up the inquiry process , the investigation team produces the report with artifacts .if the charges are proved , then termination is within 24 hours and termination letter will be provided to the employees,
Hope you are clear now.
I have case where employee was serving his one month notice period (completed 18 days). On 19th the employee was terminated/ sack given on the suspension letter. On the spot termination was done due to Misconduct and violation of the security policy and taking the intellect property of the company to home.
Company is in the possession of the all the personal belonging of the employee (mobile,laptop external hard drive etc.) and conducting forensic investigation whether the data was moved out to third party or not.
So company stated below to employee:
1) He cant get into any meaningful employment till the time investigation is over. Please advise is there any law which protects employee in this senerio? or it is true that employee cant get the him/herself employed else where
2) Company is silent and not mentioning whether Employee will be given full and final settlement. Please advise is there any law which states that he should be entitle for full and final settlement ? if yes kindly state the same,
Point to be noted: There was no monetary loss to the company, nor there was confidential client/employee information was passed to third party.It was only breach towards the accessing the confidential information and intellect property of the company not related to client.
Please any one has answers kindly request them to post the same.
From India, Mumbai
I AM WORKING IN A EXPORT COMPANY IN ANDHERI WHICH HEAD OFFICE IS IN CHINA AND ITS WORKING IS LIKE OLD TRADITION ( CHOPDA PUJAN ) AND THE EMPLOYER AND ITS MANAGER MINDSET IS NOT PROFESSNAL THE GIVE BAD WORDS IN FRONT OF ALL CHINA STAFF AND TAKE INDIA PEOPLE OVER THERE TO WORK LIKE SLAVES.
MY QUESTION IS THIS.
IF A PERSON IS GIVING HIS FULL DEDICTION TO THE COMAPNY EVEN THOUGH HE IS APPOINTED AS AN SHIPPING EXECUTIVE AND ALLOTED TO WORK AS AN QC EXECUTIVE AND HANDOVER ALL THE WORK WITH INTENSE PRESSURE AS THEY HAVE TO SHIFT AND START ALL THE BACK OFFICE OVER HERE IN INDIA.
AND NOW AT THE TIME OF INCREMENT THE JUST INCREASING THE SALARY BY 2000 INR WHERE I ASKED TO INCREASE IT BY AROUND 5000-6000 INR AS PER MY WORK AND HANDLING A TEAM OF 3 MEMBER AND ALL AT A GOOD SPEED.
SO A SINGLE STATEMENT ( YOU ARE GIVING AN INCREMENT LIKE A CHILLAR TO ALL ) CAN MAKE THE HEAD HR TO TERMINATE A EMPLOYEE.
PLZ REPLY SOON.
AWAITING YOUR REPLY,
From India, Pune
hira26augustI was terminating from my job on 25 May without any prior notice. I was getting mail on 24 May 2015 on sunday .The cause of termination mention was my under performance but management not reply what is my under performance. Management ready to pay only may month salary but not ready to pay one month salary which was mandatory as per company dispute act ,if employer not provide one month notice than they need to pay one month extra salary in lieu of notice period. I was already send mail and register mail to my company. In my appointment letter also mention that both party need to serve 4 weeksâ€™ notice before leaving .Please help me what I will do get my compensation from company.
From India, Kolkata
plz helpBanks are covered under Shops and Commercial Establishments Act.
Therefore Employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of people to whom you must send notices...........
Yu can also tell him that you are being victimised since you exposed illegal acts.
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Consult a lawyer who may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know how to handle such issues well.
I do hope you have all your salary slips,resignation letter and acceptance by company,Form 16 etc,They also serve to prove your experience.
From India, Chennai
I joined a company and the company terminated me in 15days time without any information or any proper reason. They say they cannot settle my pay and when I launched a grievance, the company's legal advisory says that the company is planning to raise an FIR against me. I know how stupid that is. But is there any such way? Just for a clarification. Here, I would like to mention that I wouldn't have put a grievance if the company reacted well.
From India, Bangalore
One of our employee got terminated due to sexual harassment with the worker, i have a question now after termination we need to pay one month salary or not? if yes y we need to pay due to his undisciplinary action we terminated him.
Please help me and give your suggestion.
From India, Bangalore
Rajeev Kumar PHi,
My Self Rajeev, I got verbally termination from company, cause of chatting against the company and seniors(Outside the company)after taking apology letter from me, have terminated me from immediate effect and they are not ready to process any thing for me, more than one month salary re leaving letter etc and not ready to except resignation letter too, without their signature i wont be able to withdraw my PF as well. Kindly give some suggestion.
Thanks & Regards
From India, Bengaluru
firstname.lastname@example.orgHi Mr Rajeev Kumar, Termination on what ground? what does your company policy suggest ? if its silent then you need to submit resignation in the form of documentation e.g. through E-Mail to your supervisor and keep the documentation because verbally it has no value. Later go to office and asked them about your reliving and experience letter. if they denied for the same then you may go labour court.
From Saudi Arabia, Riyadh
Raj Rajender1.) In case of Sexual harassment by an individual.
If HR dept got complaint of sexual harassment against an individual there should be an committee under sexual harassment rule who will responsible to conduct inquiry in the matter. After proper inquiry if person found guilty then punishment should be as per company standing order which include even termination of job. Seizing of employment itself is strict action/ punishment for such employees. For one offense one should not punished multiply. Stopping of payment and non issuance of relieving letter shows cheapness at the part of employer as well is against the natural justice. Dues has no relation with misconduct we can't stop earnest money of individual.
If level of harassment is high then complaint itself goes to police and judiciary may decide the punishment.
2.) Verbal termination.
Dear Rajeev verbal communication has no definition but in your case things are different, in my view company don't want you anymore so there are no reason to stay and fight. They will use all the tactic to get you out. I suggest you keep away yourself from cheap master.
From India, Chandigarh