Riteshmaity
Labour Law Advocate
Malikjs
Gm (hr)
Buvanesh11291
Asst Manager - Technical & Marketing

Hi All,

I have been working in the pvt ltd company (MNC) for about 2 1/2 years. I was even promoted last year as assistant manager and this year given an appraisal.

The company consist of 7 employees and it is not a listed company. There is also no EPF.

I talked with my employer about me reliving and he said to bring resignation letter the next day.

But I sent him my resignation by email and said i will be submitting the hard copy the next day at office.

The reason for my resignation I mentioned as I am going to study abroad and also attached them my admission letter from the university.

Also I have asked them to relieve me on or before a month which is my notice period as per company policy.

I sent my mail by 4:20pm and i got a mail from the company by 6:30pm saying I have been terminated from my service as i didn't adherend with the company policy & for my disobedient deeds.

I have sent them a reply asking for an explanation for the above.

Also I have asked for my settlements & relieving letter within a week or send me an explanation for termination or else i would take legal action.

I like to know how can i proceed further to get my settlements & relieving letter.

Kindly help me in this because i dont know whether I can complain through labour office.

As far as i have searched I can go by Tamilnadu shop & commercial establishment act.

But I would like to get a clarity to proceed further.

Thanks in Advance
4th August 2016 From India, Chennai
Dear
your act is absolutely right.what is notice period written in your appointment letter.
you can approach to the labour office and claim your settlement of dues.
once you have resigned and they want to terminate after resignation is not understood as what benefit they will get by doing so .the employer should understand one thing that if they want to terminate like that than they will be required to notice pay salary to you.
4th August 2016 From India, Delhi
Termination after resignation is like giving Death sentence after the death of a person. Since you are going abroad for your studies termination will not hamper the same I believe. With regards to the settlement even if it is termination the employer is bound to give you the salary for your employment.
4th August 2016 From India, Ahmadabad
The termination is bad in law as you have been terminated on misconduct i.e. you did not adhere to the company policies as well as you were disobedient. Assuming you have conducted such misconduct, the company needs to prove such misconduct by way of holding domestic enquiry before terminating your service.
However, since you have resigned prior to your termination, automatically your termination will have no ground.
Irrespective of whether you are terminated or resigned, you are entitled to full and final settlement. Please clarify what are your full and final settlement for better understanding. Please send a demand/ legal notice to demanding your claim and thereafter you can proceed further as per law.
4th August 2016 From India, Kolkata
It is an act of perversion on the part of your employer. Such act of the employer taking vindictive action against employee only because of the submission of letter of resignation, need to be challenged before the appropriate forum. I believe, you being an employee working as Asst. Manager, you may not come under the definition of workman u/s 2(s) of the I.D. Act. You may think of getting the advise of an legal expert who is well versed in Labour Laws, who will guide you suitably. please take it up as challengeable exercise and a lesson to be taught to your employer so that he can get aware of the polite role of an employer in such a situation.
4th August 2016 From India, Mumbai
Dear All,

Thank You so much for all your replies.

As per my company policy the notice period is 1 month.

As you all have said that if they terminate me they need to pay me the salary for the next month too the same is mentioned in the non disclosure agreement which i signed along with my appointment letter.

But the thing is I was expecting only my current month salary and proper relieving letter & experience certificate.

Luckily yesterday I got my salary credited.

I sent a thank you mail saying i will hand over the office items sim card, ID card & business card to them this saturday & collect my relieving letter & experience certificate.

As you have said that I am going for abroad for studies I dont be in need of the relieving letter yes I can understand that. But I also have a plan to work in another company in that case I think I might be in need of the letter.

As I have received my settlement I only need the relieving letter. So If I didnt get a proper response from them can I proceed legally and get a proper relieving letter ?

My point is can they terminate me simply by saying I didnt adhered with the company policy and for disobedience deeds without any prior memo or explanation after receiving my resignation letter.

Yes I had the same doubt whether i will come under the category of labour as I am employed as Asst Manager.

I just need a proper relieving letter as i have received my salary so kindly guide me on that.

Once again Thank you so much for all your concern.
5th August 2016 From India, Chennai
"My point is can they terminate me simply by saying I didnt adhered with the company policy and for disobedience deeds without any prior memo or explanation after receiving my resignation letter."
NO
"Yes I had the same doubt whether i will come under the category of labour as I am employed as Asst Manager."
Your designation is not important but your nature of work is.
5th August 2016 From India, Kolkata
This was the mail I sent to them after receiving my salary
"Hello Sir,
At the outset I like to thank you for your courtesy of clearing my payment dues by crediting my salary for July month. I will hand over the 3 items mentioned by you this Saturday to any of your staffs authorized by you. In the mean time kindly prepare my relieving letter & experience certificate which also I can receive at the same time."
Still I didnt receive any reply what should I do? Can I withheld those items with me itself.
Kindly suggest an idea in this issue too.
Thank YOu
5th August 2016 From India, Chennai
Riteshmaity thank you for your response.
"My point is can they terminate me simply by saying I didnt adhered with the company policy and for disobedience deeds without any prior memo or explanation after receiving my resignation letter."
NO. - Well so i can send a legal notice to them right?
"Yes I had the same doubt whether i will come under the category of labour as I am employed as Asst Manager."
Your designation is not important but your nature of work is. - My nature of work is technical support to our customer.
5th August 2016 From India, Chennai
Legal will take its own course of time, wherein it may hamper your studies abroad, try to get an amicable solution of exit.
5th August 2016 From India, Ahmadabad
Thank you for your reply Mr.Saji.
Law will take more time but will I be favored?
Why I am more concerned is not only in my case in my juniors case they threatened them that they will terminate if they give resignation and ask for 1 month notice.
I asked them if company is not accepting 1 month notice then company has to pay them that months salary. For that they said it not your problem if they need then they can complain.
Finally my junior left the job without that 1 month notice and without pay.
Now they did this to me so I need to some how show them that what they are doing it wrong.
5th August 2016 From India, Chennai
If you do not have any supervisory or administrative capacity like approving leave, issuing charge sheet, or any subordinates whom you have the authority to control then you can come under the purview of workman under ID Act irrespective of your designation.
And surely you can send them legal notice.
6th August 2016 From India, Kolkata
Thank You for your reply Mr. Ritesh
I dont have the administrative power to approve leave. But I have subordinates under me.
So I cannot come under workman.
Thank you I will send legal notice surely if things didnt move out smoothly.
Anyway I got a call from my office they are asking me to meet them on Monday.
Is there any precautions I need to take care of.
Kindly suggest if any.
6th August 2016 From India, Chennai
Dear Buvanesh
Law will take more time but will I be favored? No as per my view point. Why because at the end the employer will state that they have relieved you immediately after your resignation, they don't require your notice. Hence you will get the salary till the day you have put your resignation and the relieving and experience certificate etc. Legally you cannot bound your employer to pay for 1 month notice period. If you still think that you should fight it out legally you can but will be wasting your money/time.
6th August 2016 From India, Ahmadabad
The only precaution to be taken care of, is that be firm, and get the maximum benefit out of the situation amicably.
6th August 2016 From India, Ahmadabad
Dear Saji
Thank you for the reply.
Actually I am not into to fight for accepting my 1 month notice or salary. I am only going to fight to relieve me properly by giving me relieving letter & experience certificate instead of the termination letter they sent to me after my resignation. So what about in this case ?
Yes I am only going to move smoothly with them because I only need proper relieving from them nothing else more.
one more question I have is if they are not giving me relieving letter on monday should I hand over my office sim to them or else I can have it by myself as I have mentioned in my reply letter I am ready to hand over my sim and collect my letter.
7th August 2016 From India, Chennai
Dear Buvanesh
As mentioned earlier your resignation mail was shoot at first, there after the termination letter was mailed to you so it does not carry any value to the new employer. While meeting with the seniors be firm and ask for the relieving letter since you have resigned. If they talk about termination then you should ask for the report for the domestic enquiry conducted for the misconduct, the show cause notice given to you etc. which will backfire them and am sure that they will relieve you amicably. You have to be firm and tell the senior management that you are planning to go legal if required so, and you have sufficient proof to prove your innocence on the misconduct charged/leveled against you. With regards to holding the SIM Card and/or other stuff of the company is not relevant to your fight for relieving letter than the termination letter.
8th August 2016 From India, Ahmadabad
Dear Saji,
Thank You so much for your advice.
Dear All,
Thank You so much for your time and help.
Things moved out smoothly. I got my relieving letter.
For experience letter they said to send them my VISA copy or airline ticket so that they will give me my experience letter.
As I was to move smoothly I said okay and collected my relieving letter. In my relieving letter itself the work duration is mentioned. SO I hope experience letter is not much needed.
Once again I thank you all for your concern in me. Thank You so much. You all mean a lot to me.
9th August 2016 From India, Chennai
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