Hey There, I was working as General Manager, for a Reputed Automobile Dealer in Bangalore. Joined on 22nd March 2016, But on 12th of April 2017, The MD of the company asked to go without any specific reason, the only word he spoke was we will have to let you go. And I was asked not to report to office, take April's salary and Buzz off.
Over the past year, The performance of the Outlets assigned have done fairly well and there have been no concerns regarding performance or behavior.
I was only offered April months pay and my leave encashment, which doesn't even constitute to 30% of my dues. There has been A Variable Pay Component of which a small portion has been paid over the last three quarters, Balance was promised to be paid as at the end of the financial year, and Also Retention Pay of 1 Month after completing one full year. All these amounts were specified in the Offer Letter and Fixed Amounts are also been mentioned. But the Company has failed to issue An Appointment Letter.
But now, The HR doesn't want to pay the Variable Component and Retention Pay, Nor they are offering any severance. During my tenure " All targets were achieved and there was no question of non performance". Neither has the company ever spoken or written to me about non performance, nor i have ever had a meeting regarding performance.
I would like to know what are my legal options? I am not interested to get the job back, all i want is The Company honors what is in writing and a decent severance. I was among the 10 most important people in a Company having more than 2000 overheads.
Thanks,
Kabir
7892109611
From India, Bengaluru
Over the past year, The performance of the Outlets assigned have done fairly well and there have been no concerns regarding performance or behavior.
I was only offered April months pay and my leave encashment, which doesn't even constitute to 30% of my dues. There has been A Variable Pay Component of which a small portion has been paid over the last three quarters, Balance was promised to be paid as at the end of the financial year, and Also Retention Pay of 1 Month after completing one full year. All these amounts were specified in the Offer Letter and Fixed Amounts are also been mentioned. But the Company has failed to issue An Appointment Letter.
But now, The HR doesn't want to pay the Variable Component and Retention Pay, Nor they are offering any severance. During my tenure " All targets were achieved and there was no question of non performance". Neither has the company ever spoken or written to me about non performance, nor i have ever had a meeting regarding performance.
I would like to know what are my legal options? I am not interested to get the job back, all i want is The Company honors what is in writing and a decent severance. I was among the 10 most important people in a Company having more than 2000 overheads.
Thanks,
Kabir
7892109611
From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
there is no much you can do under the indian judicial system and laws. Have an amicable solution through known people who can offer some support and find a new job.
From India, undefined
6From India, undefined
1. You may challenge the termination, which is in fact illegal, and seek reinstatement. But since you have stated that you do not want to join the company, let's eliminate this option.
2. Secondly, you are ready to settle the issue with payments. It will be advisable to consult a lawyer with all documents (appointment/ offer and any other letters showing that you are entitled to money under any head) and then calculate all the dues and outstanding amount. Once the proper calculation is done, you may send a notice/ legal notice to the company demanding the same. If the company does not pay within a stipulated time, then you may think of going legal.
You may calculate the dues yourself and send a notice.
I believe, if you give the idea of accepting your resignation to the company without any fight, then the company will be reluctant to clear your dues.
From India, Kolkata
2. Secondly, you are ready to settle the issue with payments. It will be advisable to consult a lawyer with all documents (appointment/ offer and any other letters showing that you are entitled to money under any head) and then calculate all the dues and outstanding amount. Once the proper calculation is done, you may send a notice/ legal notice to the company demanding the same. If the company does not pay within a stipulated time, then you may think of going legal.
You may calculate the dues yourself and send a notice.
I believe, if you give the idea of accepting your resignation to the company without any fight, then the company will be reluctant to clear your dues.
From India, Kolkata
Please Clarify your Statement "But the Company has failed to issue An Appointment Letter." Based on available Documents you can initiate Civil Suit for recovery of the Amounts due to you.including questioning Illegal termination of Service in violation of Termination Clause.In the absence of Documents, it can not be presumed that the Company is withholding amounts due to you.
From India, New Delhi
From India, New Delhi
Indian legal system is meant for feeding the Courts and Lawyers, it is a one closed nit community and ordinary citizens end only paying the fee and wasting time. Meet some one who can influence (some one to whom you sold a car, who is politacally or officially in a good position) and get your dues else forget it as a bad dream and move on.
Legal will only make the lawyers richer and you and I keep paying for their richness.
From India, undefined
Legal will only make the lawyers richer and you and I keep paying for their richness.
From India, undefined
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Karnataka Leave.xlsx
LEAVE APPLICATION.doc