Fired Without Notice Due to City Shutdown: How Can I Legally Claim My Dues?

Hi all, I was terminated from my job as an HR Executive with Mahindra Satyam BSG without any prior notice simply because I did not show up to the office during a week off. This occurred only once when there was no public or private transportation available due to the Telangana issue in Hyderabad city. They also failed to provide my salary and other benefits like ESI and PF. This incident took place in September 2011. Despite numerous emails and personal discussions with the higher management, including escalating the matter to the CEO, I have not received my dues.

Seeking Legal Assistance

I now intend to pursue legal action. Therefore, I kindly request assistance regarding the procedures and relevant labor laws.

Thanks and Regards, Dikshit T G S

Dear,

How long did you serve there? However, you have every right to defend yourself. First of all, you will have to issue a legal notice under AckDue and follow up with a complaint to your Labour Enforcement Officer for raising an Industrial Dispute, etc. Also, claim the transfer of PF, gratuity/bonus/leave encashment, and compensation from your present employer (if not employed). Wait until the case is settled. Keep all your records and documents safely.

With wishes,
kumar.s.

Thank you for the response. I lodged a complaint with the Assistant Commissioner of Labour and am awaiting a response from them. However, I have not issued any legal notice as my ex-employer threatened to blacklist my candidature if I do so.

PF Account Number Issue

Additionally, my employer never provided me with my PF Account Number. I truly doubt if they ever deposited anything into the account. How can I cross-check this?

Thanks & Regards,
Dikshit T G S.

Legal Compliance and Action Steps for PF/ESI Issues

First of all, PF is the first legal requirement any employer has to comply with from the very first day of an employee joining duty. Therefore, you should send a registered letter to your HR, with a copy to the MD or any other senior person in charge of administration, requesting them to provide your PF/ESI Account Number. Also, ask for a statement of your account with particulars of PF/ESI deposited with government authorities, unpaid salary, or any other dues, etc. Give only a 15-day notice. If no reply is received, immediately send a complaint letter attaching copies of your appointment letter, pay slip, and any other relevant documents to substantiate your employment in that firm.

In that letter, also warn them not to threaten you with actions like "blacklisting," and clearly state that any further such actions will result in you lodging a criminal complaint under IPC with the police, etc.

For all correspondences and form submissions, make sure you obtain copies with proper acknowledgment. If they refuse to acknowledge, send advance copies by registered post with acknowledgment due.

Pursue this vigorously. For guidance, you may consult a suitable advocate. If you were a member of your Labor Union, you may also seek their assistance if they are sincere.

A word of caution to you - handle this matter very carefully. I suggest these steps with the assumption that you have not engaged in any unlawful activities. Without prejudice.

Relevant labor laws to consider include the Payment of Wages Act, Industrial Disputes Act, PF/ESI/Gratuity Act, your service conditions (Standing Orders), Fundamental Rights & Contract Act, IPC, etc.

Regards,
Kumar S.

Thanks for the response. It's nice to hear from you again. As a part of the HR team, a registered post with acknowledgment due has been sent to my reporting manager (Asst. Manager - HR), skip-level manager (Manager - HR), Head HR (Vice President - HR), and the CEO of the company. However, I have not received any response from them for the past two months. They have not provided me with my PF account number either. Consequently, a complaint has been filed with the ACL (Assistant Commissioner of Labour).

I would like to point out that they have not issued anything in writing to me (neither termination orders, absconding notice, nor resignation papers). Nevertheless, they have deactivated all my accesses (such as ID card, swipe access, official email, etc.), indicating that I am not permitted entry. Can I request them to pay my salary up to date?

I am currently looking for a lawyer who can represent me in this matter. Once I engage a suitable advocate, all legal procedures will be set in motion. I aim to have all groundwork completed by the time I secure legal representation.

Once again, thank you for your attention.

Thanks & Regards,

Dikshit T G S.

I believe the process has begun, and you should also file a formal complaint with the Regional PF Commissioner in your area. If you have a designated disciplinary authority under your Standing Orders, submit a detailed letter for their prompt action.

All the best, Kumar S.

I can help you in this case. Please email me details such as a copy of the appointment letter, correspondences, if any, from your company, and a detailed write-up on the incidents date-wise. I will ensure that your communication is responded to within the shortest possible time by your company in case I find that you are right.

Regards

As an HR executive, you would have known the policies and procedures of the organization. Unless there is a mistake or problem from an employee, the company will not terminate an employee. How could a reputed company do this?

Did they send you any warning letter or termination letter? Were you in probation? If you are a permanent employee, are there any performance issues? How many days of leave did you take?

Did you inform the company about the problem when you could not make it to work? Did you inform your manager about your leave over the phone? What was the relationship you had with your reporting boss and why did he not support you when the action was taken?

Thank you.

Your workplace seems to be in Haryana and thus governed by the Punjab Shops and Establishment Act. Prima facie, under Section 22 of the Act, your termination is illegal and without reasonable cause. Even though there was an allegation of non-performance, it should have been proved through charges leveled against you. If it was a termination simplicitor, then even one month's pay had to be given with reasonable cause. If challenged under this Act, you can be awarded two months' wages. If you are covered under the definition of a workman, then challenge it under the ID Act, wherein you can be reinstated with back wages depending on the circumstances of the case. After your resignation, you were entitled to be relieved after one month in view of Section 23 of the Shops Act.

Thanks,
Sushil

Legal Remedies for Employment Violations

Cite4, there are remedies in law for violations. I would ask you, how much did this act of your former employer affect you in terms of money and any other impact? As far as trying to teach an MNC a lesson, it would have no impact. Recent high-profile cases and how they have managed to tackle the fallout of their actions are an indication. Their lawyer will fight it out in court and get paid. The company will treat this expenditure as a business expense.

I would advise you to move on with life and realize that life and people are imperfect. Focus on your professional growth, personal growth, and forget bad memories but learn from them.

I have corrected the spelling, grammar, and formatting according to your requirements. Let me know if you need further assistance.

Regards

Hi NathRao, thanks for your reply! If I aggregate the salary for the notice period that remained unserved and my leave salary, it comes out to be about Rs. 32,000. They even made me sign an NDC to secure themselves, which I had to sign and send via mail in order to get my relieving letter. They put this condition in an email, so that evidence I have against them for playing with my career, something no company has the right to do. This also renders the NDC I shared with them null and void because I did not have any other choice but to agree. They also sent me my relieving letter 4 months after my last working day, which is unacceptable as they themselves have a policy of 45 days.

It is nice to see that you are putting up a fight for your rights. I advise seeking a lawyer's advice and sending a legal notice claiming your dues and informing the subsequent flow of events in the proper prescribed format to the HR Department of your previous employer, with a copy marked to the labor department.

Hoping your issues are resolved without much hassle.

Take care,

SOURAV MUKHERJEE

Hi, I have worked for a company for almost 4 months, and I was unwell on duty because my boss sent me to a place to buy a few things in 45-degree heat. There, I became unconscious and sent a message to my boss and HR the next day. I also sent my medical certificate and fitness report. However, my boss claimed that my medical certificate was fake. On the day I rejoined after my illness, I was shocked to find out that he had terminated my services without notice on medical grounds.

I have filed a complaint with the Labor Department. Please help me draft a letter to the Labor Commissioner regarding my 1-month notice period pay.

Thanks,
Mita Narayan

On what basis did your boss declare your medical certificate false? Is he a doctor? He cannot terminate your service without giving you notice. If the facts you mention are true, a good lawyer can get you justice.

Dear Dikshit,

At the outset, your post is not clear in many aspects.

1. When did you join the company, and how long have you served the company?
2. Did the company serve any termination letter to you, and what is the reason mentioned in it? (I am sure that no company will terminate any associate just for not attending the office on one day, as it will not stand in the court of law if the associate challenges this in any court.)
3. Even if you worked for more than one month, you will find your PF and ESI numbers on your payslip given to you.
4. When the situation happened in Sep 2011, why are you bringing this to the forum now after almost 4 years?
5. Did you join any other company after Sep 2011? If so, how did the new company allow you to join without a proper relieving letter, etc.?
6. Were you recruited as a regular employee or on a contract basis or through a third-party contract?

Before proceeding to any labor tribunal or court, please check the limitation act. If I am not wrong, this is time-lapsed, and the law of limitation will be applicable.

The reason mentioned by you for not attending the office on a week off due to the Telangana issue may not be found proper by the company, as all other employees can attend the office on that day. Why couldn't you?

Keeping in view of all these points, don't proceed with any legal actions against the company without having all sufficient proofs, which may spoil your career. Make sure that there is no fault of yours in any way, like malpractice, BGC red flags, etc.

Firstly, thank you for taking the time to share your valuable inputs. Well, let me answer the questions raised above on a point-by-point basis.

1) I joined the company in March 2011 and served until September 2011.

2) The company did not provide a formal termination letter; instead, they proceeded to revoke my access to the biometric system, email, computer, and stopped my salary.

3) Since I was on a third-party payroll, my principal employer was supposed to issue me a payslip, which never happened.

4) The issue was raised in October 2011, not now.

5) Yes, I did join another organization based on the relieving letter and other formal documents I received after pursuing it legally and with court intervention.

6) Please refer to point no. 3.

I hope this is clearer now.