PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Agm - Hr&admin
Sr. Hr Manager
Hr & Ir Professional
Labour Law Advisor And Hr Consultant
Human Resource Solutions
KK!HRMerely because acknowledgment wasn't taken doesn't mean you were not terminated from service. When there is a dispute on whether the termination order was served or not, acknowledgment is sure evidence was served to the recipient. If there is no acknowledgment, the court or tribunal would look for alternate evidence to confirm the factual position. In such circumstances, what is of particular importance is the behaviour of the employee thereafter, is it that of a terminated employee or serving employee.
You can check up with the office about the factual position before making any presumption.
From India, Mumbai
vmlakshminarayananHi, In normal course your Employer should have took signature from you in the copy of the termination letter. Without knowing the background of the termination can’t comment further.
From India, Madras
1Are you aware of certain precedents that I can refer to? This exercise seems to have been conducted in a hurry with a lot of erros. This "termination letter" has a date in the dd-mmm format (the year is missing).
At the outset, please note that
The absence of a signature on the termination order or non-payment of severance pay does not necessarily mean that the master-servant relationship has not ended. On the other hand, if the employer obtains multiple signatures on the termination order and transfers the severance pay to the employee, it does not automatically imply that the termination has been executed.
Allow me to introduce two essential concepts in the "Law of Jurisprudence," which are significant factors considered by judges and juries while rendering a judgment in a case. They are:
1. Question of law
2. Question of fact
Questions of law pertain to the interpretation of legal rules or principles, and they are typically resolved by judges. Questions of fact involve determining what exactly happened in a specific case, and they are usually resolved by juries or other fact-finding bodies.
Your case is an excellent example to understand both these concepts.
In your case, questions of fact include:
• Whether your employer's communication about your termination was clear and unambiguous?
• Post your termination whether you are reporting to work or contributing to company or being received the wage and other benefits?
• Even though there is no signature on the termination order, is there any other evidence to substantiate that?
Questions of law include:
• Does your contract have a provision for termination? If yes, was the due process followed or not?
• Is your employer legally obligated to provide severance pay to establish the termination? [Non-payment of severance pay could become a separate dispute.]
Therefore, your case will be examined from both perspectives, and if there is sufficient evidence to prove your termination, your employment will be deemed to have been terminated from the company. If not, the case will be concluded otherwise.
"Signature and severance pay: post-termination processes, not part of the termination itself”
I hope the above is clear to you.
From India, Bangalore
abhishek-dhingra1Cant comment before knowing the situation properly but importantly being silent to any kind of letter or agreement is due acceptance from the receiver side as per law.
From India, New Delhi
Raghunath SabatThe fact that you did not acknowledge or countersign the termination letter does not necessarily mean that your service continues. The letter itself is evidence that your employer terminated your employment. However, it's important to clarify a few things:
Firstly, it's important to understand the terms of your employment contract or the relevant labor laws in your jurisdiction. Some contracts or laws may require the employer to give notice or a severance package upon termination. In such cases, you may be entitled to compensation or benefits, even if you did not receive a severance cheque.
Secondly, it's important to communicate with your employer and seek clarification on the terms of your termination. You may want to ask for a meeting with your employer to discuss the situation and ask any questions you have. This will help you understand the reasons for your termination and any entitlements you may have.
In general, if you received a termination letter, it's safe to assume that your employment has ended. However, it's important to seek legal advice if you have any concerns about your termination or your entitlements. A lawyer or labor expert can help you understand your rights and advise you on any actions you may need to take.
From India, Mumbai
Sapna PanwarKindly refer to your appointment letter, I am not clear with the whole situation, though I would suggest, you have proper documentation about your termination. Take proper feedback from HR & discuss your severance pay with them, if you are entitled to the same.
From India, New Delhi
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From Vietnam, Hanoi
rkn61Your question can be answered by our learned members, only after you throw more light on the subject. The question of what made your employer to terminate you abruptly, what was your position, when did you join, whether termination from service is the final result/decision of any disciplinary action initiated by your company against you? Did your employer issue any warning letters, SCNs, Charge sheets/Charge sheet-cum-Suspension Orders, earlier, before serving termination order? - All these queries are to be answered in detail, to enable you to get a suitable reply/advice from our experts.
From India, Aizawl
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