My Company Terminated Me Without Prior Noitce - CiteHR
Saswatabanerjee
Partner - Risk Management
Shah01ankita
Talent Acquisition / Consultant - Catalis
Couvery
Consultant
+1 Other

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My company terminated me without any prior notice

Dear Sir,

Need your help. I will be very thankful

im working in one Pvt Ltd Medical Billing Company located in nungambakkam and my current designation is System Aministrator.i joined in this company on 30-Jan-2013 and got Confirmation Letter on 05-Aug-2013. on 01-Oct-2013 suddenly my CEO Called me and informed that from Tomorrow (02-oct-2013) we planned to Outsource IT related works and Company has terminated me without any notification.

i had worked this company from the day of start I am a regular performer of the company. got market revision hike on 06-Sep-2013.

i worked very hard for that company .my daily working time would be 10Hrs and complete all task without fail. if another guy is on leave i extend my shift without any Extra Pay. no PF. Day by day they creating new rules without any prior notice and they not talking about settlement

Mentioned in offer letter :- at the time of leaving the company you should server two month notice period

now i totally disappointed with this company

Pls Help

Thanks,

Veera

Hello Veera,

If your appointment letter has one-ended termination policy, it is not valid. Ideally notice period must be given from both ends and it should also match.

Secondly, as per the ID Act, if the employees are being terminated out of the fact that they're bringing in new technology / outsourcing the process / surplus manpower or any other such reasons wherein the employee(s) is/are not at fault, then they are not only bound to give proper notice for termination, but also pay retrenchment benefits as applicable on case to case basis.

Also note that, if it is retrenchment, (since they mentioned they're outsourcing the whole IT process) they should ideally by terminating everyone who worked in IT or the project that they've decided to outsource. So if they are sending out termination only to you whereas other IT people are still on job, that is not justified.

What you can do is approach labour officer and narrate the story, However, for this you'd need -

1. You appointment letter that mentions the said clause clearly.

2. Copy of the said mail / communication that you're being retrenched on the grounds of project being outsourced.

3. You confirmation letter and appreciation / appraisal letter if any.

4. Salary slips / proofs of salary payment / proofs that you had been working with the company for so long.

Seniors may further help you and guide better.

Hello Ankita,
This company is cheating people and take decision as and when they want to send away people without any information with regards to the same.. Now i don't have a job or a proper termination letter or anything given to me in writing but they just asked me to leave.

So what exactly is your query ?
You want your job back ?(not possible)
You only want your notice pay ? (there will be not retrenchment compensation as you have worked less than a full year)
Or you just want a clean exit letter.
As such, a letter saying termination on account of outsourcing the service is adequate. No sane HR of an IT company will consider that as a negative.
Btw, you know the company cheats people and you still stayed on instead of looking for another job ?

Well, the notice period is applicable for both parties and in case notice period not served then one can compensate it by paying the salary amount for the notice period that was not served. So, does your employer paid you for the two months?
Dear Veera
i can help u but my guidence process is some long, Please follow :
Fist Process is
1. find out New Job
2. Write a application regarding matter to labor office and meet to labor officer and follow all step by step process accoding to officer.
fistly take above action then i will give u next step
Thanking You
Manjeet

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