Umakanthan53
Labour Law & Hr Consultant
[email protected]
Finance Manager
Anil.arora
Administration & Liaisoning Head
+1 Other

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I was working at HHCL, Gautam Nagar, New Delhi-110049 as a Computer Operator. On 1st Feb. I have been terminated with immediate effect without any notice period, whether as per joining letter minimum notice period should be six days if employer terminates the employee. I had been told to full and final settlement immediately. When I didnít receive the amount in my salary account till 7th Feb., I sent them an email. The CEO of the company responded to come on Monday and receive the full and final after signing the document. When I went to the office they told me to rearrange my work (Soft Copies on Computer) done previously. I did the same whole day. The CEO reviewed the files and told me to come again next day and do the work complete. If I didnít do so they will not going to pay the full and final amount. I told him not to come again. I sent an email to them with 2 days (till yesterday) ultimatum for legal action. Sill they didnít pay the amount. What should I do? Should I go to the labour court? How much time will it take in judgment. Please suggest me on [email protected]
From India, Delhi
Dear Arvind,
Pl answer the following:
What is your Company - IT/ ITES/Manufacturing/Trading?
How long had you been in the services of the co?
What is the reason mentioned in orders of termination?
Whether your salary for January was paid or not?

From India, Salem
I second Mr Umakanthan.M, you first need to share the reasons of their action they have taken against you because without any reason or if there was nothing wrong at your end, you cant be terminated
Your query is incomplete and without getting the complete details and reasons, you wont be able to get good and appropriate answers.

From India, Gurgaon
When I went to the office they told me to rearrange my work (Soft Copies on Computer) done previously.
attribution https://www.citehr.com/484717-employ...#ixzz2tYrorILs
What do you mean by rearrange the work done by you previously, you mean to say that you have deleted the work done by you. If so on what ground you will go for legal, it is your moral responsibility to work diligently and handover the work if required by the company. Please elaborate your query as well as also let the forum know the reason for termination to give appropriate answer

From India, Ahmadabad
Dear Sir,
The Company deals in Bird Management and Pest Control. I was there from june 2013. They told me that work done by me on 31st Jan. is not sufficient. They compelled me to give resignation on plane paper. My salary for the month of January was paid. Salary for the month of February is yet to receive.
With Regards,
Arvind Kumar

From India, Delhi
Dear Arvind,

You had been employed in the capacity of a workman, and as such, the provisions of the I.D Act,1947 is applicable to you.But the difficulty is the mode of your termination. From your narration of the events after termination, it seems you are a very obidient person with amiable character. However, either under compulsion or threat, you tendered your resignation that too in a plain paper and therefore, you are not aware of the reasons mentioned therein for your own resignation. If you raise a dispute u/s 2 A of the I.D Act, you will have to prove this at the appropriate stage of the proceedings to the satisfaction of the authority.Since your date of relieving is the 1st Feb, if at all you are entitled to one day's salary only. Moreover, the total length of service seems exactly 245 days if undisputed making you eligible for just 15 days wages as retrenchment compensation if a settlement is mutually agreed.If you are very particular about re-emplyment in the same concern or to fight out the injustice meted out to you, you may raise a dispute before the Labour Officer for the area where the company is situated or where you worked last.So, my most practical suggestion is that be tactful in getting an experience certificate couched in a tone of appreciation from your previous company and try for a fresh job in a good concern.

From India, Salem
Dear Sir,
I'm extremely sorry for previous errors. I haven't got my salary for the month of January 2014. I've got the salary till December 2013. Now I have signed on full and final document on 18th Feb. 2014. They told me that the amount will be credited in my salary account within 3-4 days. I'm still waiting. Whenever I contacted the accounts head of the company, he told me on telephone that the amount will be credited in 3-4 days. This is his ready made response. What should I do? Please suggest me. If any legal action I want to take, how much will it take for final judgement.
With Regards,
Arvind Kumar

From India, Delhi
Arvind, Wait till the end of Feb’14. Even then if the salary is not paid to you, file a claim u/s 15(1) of the Payment of Wages Act,1936 before the Deputy Commissioner of Labour.
From India, Salem
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