Queries
Hello Sir/Mam,

Hi Ershad here I have worked in an Industry for close to two years. I was scheduled on Dec 5 and Dec 6th since our honorable Chief minister of Tamil Nadu had passed away so was a compulsory leave instead I was scheduled to work on my week off s. I wanted a leave on my off my manager refused and scolded me and as I was so tensed had to scold him back. After i reached office on next working day I was given a show cause notice and was asked to explain the situation... After explanation they said was not acceptable and forced me to put down my papers. I agreed and went home after which I taught this is not right with anger and pain I went to office threw my ID card now they have terminated on grounds of code of conduct not only that they have also stopped my balance dues and F&F settlements. But my question is I have already complained about his nature to HR manager and Deputy manager but no action was taken after that this incident I mentioned had happened. Now I am left out with no salary or letter of termination or nothing. Please help me on this whether I can file a legal complaint or how do I get justice for this.

Hoping your response.

Ershad Aneez
7th February 2017 From India, Chennai

PARTICIPATING IN DISCUSSION:
Saswatabanerjee
Partner - Risk Management
Riteshmaity
Labour Law Advocate

1. The content of the show cause and its reply is relevant before deciding the merit of the case. Even if the company is not satisfied with the reply, it is bound to conduct a domestic enquiry against you before taking any steps (assuming that you fall within the category of workman). The company did not conduct any domestic enquiry hence, it is violation of principle of natural justice.

2. Forced to leave or asked to resign is illegal. Such termination is illegal if you can prove that you have been forced to submit your resignation.

3. Obviously throwing id card/ showing anger is misconduct. However, if you can prove that you have already submitted the resignation before the termination, your termination may become invalid but it depends from case to case.

4. Prima facie, your case looks like a case of illegal termination. If you want to challenge the termination, then you should not ask for full and final settlement. However, if you do not want to challenge the termination, then only you should ask for F&F settlement. If F&F settlement is not paid, then you have to take legal action against the company. You are the best judge to decide...whether you want to challenge termination or get the F&F settlement (you cannot ask for both)

5. Initially you have mentioned that on throwing the ID card, the company terminated your service, but again you have stated that you do not have termination letter. What is the actual fact?

6. You can surely file a complaint. But for better advice, come with all details of facts date-wise, with documentary evidences. Show cause, its reply, termination letter, if any, and other documents need to be considered first. If you wish, you can engage a lawyer on your behalf. It is further advisable to build your case properly before taking legal steps.
7th February 2017 From India, Kolkata

This is a reply for the previous mail. Nòw when I asked my HR to give me some papers stating I was terminated he said straight on my face nothing will be given do watever"even u think to do it legally go ahead" that s the last thing we spoke..
This is not right I have worked in many companys but this company is different I think that s how T### Bpo s are meant to be.. Now my question is you mentined "terminating needs to be done formally not just verbally with out any documentation" if it s done in that way... is the employee elgible for F&F and past dues.. Or even cant get any paper s where it shows he was terminated...
8th February 2017 From India, Chennai

Have you gone to HR and threatened them saying you will take legal action ? Please give details of exactly what you have done
13th February 2017 From India, Mumbai

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