Saswatabanerjee
Partner - Risk Management
Sogemar
Ir Manager
+5 Others

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Anonymous
I would like to know If action could be taken against employer as they had asked me to leave the company without any notice and now when I went there for the notice pay and Full and final settlement to HR. I was denied for any payment in lieu for notice period and even for the pay for the days I had worked. Even stating to that extent that We have not asked you to leave you were absconded. Kindly suggest over the same.
From India, Delhi
I would like to know If action could be taken against employer as they had asked me to leave the company without any notice and now when I went there for the notice pay and Full and final settlement to HR. I was denied for any payment in lieu for notice period and even for the pay for the days I had worked.Even stating to that extent that We have not asked you to leave you were absconded. Kindly suggest over the
From India, Delhi
You got two options :-
1) Go For Action under Payment of Wages Act. See this For All Rules Indian Labour Laws & Shram Suvidha Simplified
2) Go For Action Under Shops and Establishment Act. You need to specify your state of employment for correct answer here. Please specify your state.

From India, Kolkata
Dear sir My termination letter dated 21/09/2016 without information/notice still not clear my Gratuity and others dues please suggest me
From India, Bengaluru
Immediately write to the Dy Commissioner of Labour of your jurisdiction as he is the competent authority. He will depute Labour Inspector to verify the case and report.
From India, Mumbai
Kindly suggest what to do In case I was asked to leave the company stating non performance without any written notice or via mail and now they were denying to pay any amount in lieu of notice period and even denying to pay the amount for the days I had worked. Kindly also suggest what action would be appropriate in such critical scenario as even in my offer letter It was clearly stated that In case employee has worked for more than 6 months(I have completed 6 months in the company) ,they has to pay either 15 days notice or 15 days pay in lieu for that.
From India, Delhi
Hi I'm Raghu and I'm working for PRIVATE LIMITED company as a sales manager karnataka for LED TV division .I joined the company on 11/07/2016 and on 28/9/2016 Company has shifted to Mobile business true mail confirmation. On 25/10/2016 has sent me termination mail saying that the LED business has been shut down and they don't need my services anymore and given me a time till 31/10/2014.I requested them to give me one month time are 1 month salary as composition. But company has agreed and now they are telling to send resignation mail to HR. One monthback company has shifted me to Mobile division and termination is saying that I'm have got removed from LED division.
Request you to kindly suggest can I fail a complaint in labour commission.
Pls suggest as there is no openings anywhere.

From India, Bengaluru
Dear Raghu
Before going for any action pl. read your appointment letters Terms & condition. There should be specific ground for filing any complaint to the authorities. The documentary proof should be in alien with your Termination. Once the Termination letter has been send to you how can you resign.

From India, Gurgaon
Dear Goodluck
Your post is confusing
First you say you were terminated, and you talk of a termination letter
then you say it was oral
Further you say the HR says you absconded
So what exactly is the reality ?
Please give a full, detailed and chronological sequence of events with dates.
Then only someone can help you.

From India, Mumbai
I was working in a company(BPO) as a Quality Analyst, I was asked to leave without notice stating the Non performance issue(HR simply said Don't come from tomorrow-5th Aug-2016),though I instantly approached the senior manager that How could they ask someone to leave the company without notice but didn't get any response either from him and When I said I will escalate this case they said Do whatever you want, As far as notice is concerned they(HR) could have easily sent me any such notice via my official mail ID or it could have been sent to me in written also which they didn't, After a month or so when I went to the company to ask regarding my Full and final settlement amount and even for notice pay,HR shockingly said which amount and said We don't have any updation regarding your resignation letter, You are NCNS(Which means No call No show-Abscond) and When I said How could you say that when you had asked me to leave,HR executive said I didn't ask you to leave and there is no salary of yours in the company , though he himself admitted later during the conversation that We terminated you but still constantly denying for the fact that they asked me to leave and further asked me in challenging tone that where It is written(kind of challenging me to prove the same),though later said you would get the salary for the days you have worked If you put down your resignation letter which is very much Unethical considering that It wasn't me who resigned but was from company side to asked me to leave so If It's was someone who required to send any such notice It should surely be company ( It also suggest the reality that Had I been absconded they wouldn't have insisted me to write the resignation letter), Also I got the salary for the last month (july-2016 via cheque) on 12th Aug-16 which again suggest that I was asked to leave As Had I been absconded I would have never got the entire amount of salary which I got, As employer would have surely deduct the 15 days pay for not serving the notice period. Even after that I have been constantly contacting them for the same but to no avail. I really believe Employer can't ask someone to leave the company without notice unless until there is some disciplinary issue.

Please suggest me What further step should be taken from my side regarding the same.

Gud Luk

Thanks

From India, Delhi

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