Employment Issues and Seeking Guidance
I need help. In December 2014, I joined a Ltd. company, a sugar factory in U.P. After receiving a verbal offer from the Unit Head and Department Head and facing an interview, I joined the company. Both of them promised to take me on a permanent role in the company. After joining, I inquired many times about my joining formalities and permanent/joining letter, but they always made excuses such as the MD being out of the country or the joining procedure taking a long time in this company. After three months, they informed me that the company was not ready to take me on a permanent role but suggested working on a contract basis. With no other choice at that time, I had to work on a contract basis. However, when I asked about my contract copy, they did not provide it. I continued to work, asking about my contract letter, to which they replied that it would be received soon.
Emergency Leave and Subsequent Dismissal
In the middle of March 2016, due to an emergency (my son, aged 10 months, was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application, saying he would get approval from the Unit Head and send it to the Time Office. As it was an emergency, I left for home. During my leave period, I stayed in constant communication with my HOD/Reporting Officer, providing updates on the situation. However, upon my return to the office, the newly appointed Unit Head called me, instructed me to hand over my duties to my subordinate, and dismissed me without mentioning any fault. He did not approve my leaves and mentioned discussing it with my HOD for approval.
Salary and Legal Issues
Previously, I had taken an advance of Rs. 20,000. Before leaving the factory, the Accounts department asked me to adjust the salary against the advance, to which I agreed. I had worked for 11 days in March and had 9 days of compensatory leaves pending, making a total of 21 days of salary (approximately Rs. 21,000) based on my CTC of around 3.90 lakhs.
However, I have received a notice of an outstanding balance of approximately Rs. 9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, totaling approximately Rs. 11,500. I replied via email, requesting to adjust my outstanding balance after considering my CPL, but they denied the request. My HOD/Reporting Officer at that time has also resigned, to whom I had submitted my Leave Application. They are now threatening legal action against me. In this situation, what steps should I take? I worked there continuously for 16 months, yet they did not provide me with any appointment letter/joining formalities or a contract letter. They terminated my employment without notice or stating any fault.
Kindly guide me on the appropriate course of action.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]
From India
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I need help. In December 2014, I joined a Ltd. company, a sugar factory in U.P. After receiving a verbal offer from the Unit Head and Department Head and facing an interview, I joined the company. Both of them promised to take me on a permanent role in the company. After joining, I inquired many times about my joining formalities and permanent/joining letter, but they always made excuses such as the MD being out of the country or the joining procedure taking a long time in this company. After three months, they informed me that the company was not ready to take me on a permanent role but suggested working on a contract basis. With no other choice at that time, I had to work on a contract basis. However, when I asked about my contract copy, they did not provide it. I continued to work, asking about my contract letter, to which they replied that it would be received soon.
Emergency Leave and Subsequent Dismissal
In the middle of March 2016, due to an emergency (my son, aged 10 months, was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application, saying he would get approval from the Unit Head and send it to the Time Office. As it was an emergency, I left for home. During my leave period, I stayed in constant communication with my HOD/Reporting Officer, providing updates on the situation. However, upon my return to the office, the newly appointed Unit Head called me, instructed me to hand over my duties to my subordinate, and dismissed me without mentioning any fault. He did not approve my leaves and mentioned discussing it with my HOD for approval.
Salary and Legal Issues
Previously, I had taken an advance of Rs. 20,000. Before leaving the factory, the Accounts department asked me to adjust the salary against the advance, to which I agreed. I had worked for 11 days in March and had 9 days of compensatory leaves pending, making a total of 21 days of salary (approximately Rs. 21,000) based on my CTC of around 3.90 lakhs.
However, I have received a notice of an outstanding balance of approximately Rs. 9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, totaling approximately Rs. 11,500. I replied via email, requesting to adjust my outstanding balance after considering my CPL, but they denied the request. My HOD/Reporting Officer at that time has also resigned, to whom I had submitted my Leave Application. They are now threatening legal action against me. In this situation, what steps should I take? I worked there continuously for 16 months, yet they did not provide me with any appointment letter/joining formalities or a contract letter. They terminated my employment without notice or stating any fault.
Kindly guide me on the appropriate course of action.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]
From India
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Request for Guidance on Employment Termination Issue
I need help. In December 2014, I joined a Ltd. company, a sugar factory in U.P., after receiving a verbal offer from the Unit Head and Dept Head and following an interview. Both promised to take me on a permanent role in the company. After joining, I inquired multiple times about my joining formalities and permanent/joining letter, but they always made excuses like the MD being out of the country or the joining procedure taking a long time in this company. After three months, they informed me that the company was not ready to take me on a permanent role but suggested working on a contract basis. With no other choice at that time, I had to work on a contract basis. When I asked for my contract copy, they did not provide it. I continued to work and asked about my contract letter from time to time, to which they replied that it would be received soon.
The above story provides the basic information. Now I will get to the point:
In the middle of March 2016, due to an emergency (my 10-month-old son was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application, mentioning he would also get approval from the Unit Head and send it to the Time Office. As there was an emergency, I left for home. During the leave period, I stayed in touch with my HOD/Reporting Officer, providing updates on the situation. Upon my return to the office, the newly appointed Unit Head called me, asked me to hand over my duties to my subordinate, and dismissed me without specifying any fault. He also did not approve my leaves, stating he would discuss it with my HOD before approval.
Previously, I had taken an advance of Rs. 20,000. Before leaving the factory, the Account department requested to adjust the salary against the advance, to which I agreed as I had worked for 11 days in the month of March and had 9 days of compensatory leaves pending, totaling to 21 days of salary, approximately Rs. 21,000, considering my CTC was around 3.90 lakhs.
However, they are now sending me a Notice of an outstanding balance of approximately Rs. 9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, around Rs. 11,500. I responded via email requesting to adjust my outstanding balance after considering my CPL, but they refused. My HOD/Reporting Officer at that time had resigned to whom I submitted my Leave Application. They are now threatening legal action against me. In this situation, what should I do? What actions can I take? I worked there continuously for 16 months, yet they did not provide me with an appointment letter/joining formalities or a contract letter and terminated my employment without notice or mentioning any fault.
Kindly guide me on what steps I should take.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]
From India
Acknowledge(0)Amend(0)
I need help. In December 2014, I joined a Ltd. company, a sugar factory in U.P., after receiving a verbal offer from the Unit Head and Dept Head and following an interview. Both promised to take me on a permanent role in the company. After joining, I inquired multiple times about my joining formalities and permanent/joining letter, but they always made excuses like the MD being out of the country or the joining procedure taking a long time in this company. After three months, they informed me that the company was not ready to take me on a permanent role but suggested working on a contract basis. With no other choice at that time, I had to work on a contract basis. When I asked for my contract copy, they did not provide it. I continued to work and asked about my contract letter from time to time, to which they replied that it would be received soon.
The above story provides the basic information. Now I will get to the point:
In the middle of March 2016, due to an emergency (my 10-month-old son was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application, mentioning he would also get approval from the Unit Head and send it to the Time Office. As there was an emergency, I left for home. During the leave period, I stayed in touch with my HOD/Reporting Officer, providing updates on the situation. Upon my return to the office, the newly appointed Unit Head called me, asked me to hand over my duties to my subordinate, and dismissed me without specifying any fault. He also did not approve my leaves, stating he would discuss it with my HOD before approval.
Previously, I had taken an advance of Rs. 20,000. Before leaving the factory, the Account department requested to adjust the salary against the advance, to which I agreed as I had worked for 11 days in the month of March and had 9 days of compensatory leaves pending, totaling to 21 days of salary, approximately Rs. 21,000, considering my CTC was around 3.90 lakhs.
However, they are now sending me a Notice of an outstanding balance of approximately Rs. 9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, around Rs. 11,500. I responded via email requesting to adjust my outstanding balance after considering my CPL, but they refused. My HOD/Reporting Officer at that time had resigned to whom I submitted my Leave Application. They are now threatening legal action against me. In this situation, what should I do? What actions can I take? I worked there continuously for 16 months, yet they did not provide me with an appointment letter/joining formalities or a contract letter and terminated my employment without notice or mentioning any fault.
Kindly guide me on what steps I should take.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]
From India
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Termination from Employment.pdf
TERMINATION OF EMPLOYMENT.doc