Hi all, my employer has terminated my job without giving me any warning, notice, or any intimation. Also, they have stopped my salary for the whole month I have worked.
Seeking Guidance on Salary Recovery and Legal Action
Please guide me on how I can move forward to get my salary. Can I file a complaint for the salary, as well as notice pay? I also want to file a case for mental torture and harassment because I am the sole breadwinner in my family, with two dependents relying on me.
Early guidance would be greatly appreciated.
From India, Anand
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1Seeking Guidance on Salary Recovery and Legal Action
Please guide me on how I can move forward to get my salary. Can I file a complaint for the salary, as well as notice pay? I also want to file a case for mental torture and harassment because I am the sole breadwinner in my family, with two dependents relying on me.
Early guidance would be greatly appreciated.
From India, Anand
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Don't be in haste and come to any conclusion; provide details so that the seniors can advise you properly. Be assured that even in the case of termination, the employer cannot stop your salary. Approach HR and get the termination notice. Tell us the reason for termination, whether you were on probation, etc., to guide you properly.
From India, Ahmadabad
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From India, Ahmadabad
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Sorry to hear about this. Please answer a few questions to help us understand the legal position behind your situation.
1. Have they given you any termination letter, and if yes, what is the reason for termination stated in it?
2. When were you appointed, and have you completed your probation?
3. Can you provide details from your appointment letter regarding the notice period?
Generally, IT companies do not do this. However, anything can happen with smaller companies. Please answer the above to assess your situation better.
Regards.
From India, New Delhi
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1. Have they given you any termination letter, and if yes, what is the reason for termination stated in it?
2. When were you appointed, and have you completed your probation?
3. Can you provide details from your appointment letter regarding the notice period?
Generally, IT companies do not do this. However, anything can happen with smaller companies. Please answer the above to assess your situation better.
Regards.
From India, New Delhi
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Steps to Address Unpaid Salary and Termination Issues
First, did you receive the appointment letter from the company? If so, refer to the termination/resignation clause in the letter and notice period. If there is a notice period, they have to pay the salary for the notice period mentioned in the letter. They cannot simply evade it. Find out on what grounds they have stopped you from working in the company. Meet the concerned person and find out.
If they have not paid you the salary for the period you have worked as well as the notice period salary, you can send a letter to the management asking for the same by registered post acknowledgment due. Wait for a month, and if they do not respond, then meet the Labour Commissioner and file a complaint. This complaint will be strong as they will send a notice to the company asking them to pay the salary and settle the same.
From India, Madras
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First, did you receive the appointment letter from the company? If so, refer to the termination/resignation clause in the letter and notice period. If there is a notice period, they have to pay the salary for the notice period mentioned in the letter. They cannot simply evade it. Find out on what grounds they have stopped you from working in the company. Meet the concerned person and find out.
If they have not paid you the salary for the period you have worked as well as the notice period salary, you can send a letter to the management asking for the same by registered post acknowledgment due. Wait for a month, and if they do not respond, then meet the Labour Commissioner and file a complaint. This complaint will be strong as they will send a notice to the company asking them to pay the salary and settle the same.
From India, Madras
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As Saji mentioned, don't act in haste. Remember the saying: "Act in haste and repent at leisure." Please provide the inputs mentioned by Kamal Kant Tyagi. These inputs are essential to assess the situation before any practical suggestions can be given by the members.
Additionally, please clarify and confirm if there were any unpleasant or untoward situations or incidents that occurred 1-2 days prior to your termination. What you mentioned about the "termination without warning/notice" could be the result rather than the cause. I somehow get this feeling, as Kamal Kant Tyagi pointed out that IT companies generally do not act this way.
Could you also share the employee strength of your company?
Regards,
TS
From India, Hyderabad
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Additionally, please clarify and confirm if there were any unpleasant or untoward situations or incidents that occurred 1-2 days prior to your termination. What you mentioned about the "termination without warning/notice" could be the result rather than the cause. I somehow get this feeling, as Kamal Kant Tyagi pointed out that IT companies generally do not act this way.
Could you also share the employee strength of your company?
Regards,
TS
From India, Hyderabad
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Thank you all for your response. Below are my details.
I was appointed by an IT firm in Hyderabad in November 2012, and I moved from Gujarat to Hyderabad. Then I started working with them. Before joining, they emailed me the offer letter and salary breakup, which I accepted.
The offer letter mentions, "As per your consent to stay with Company Name (I still like to be honest with my company and not like to disclose the name; if required, I will reveal it later, sorry for that) for at least one year..."
I joined them in November 2012 and continued to work with them. Unfortunately, at the end of December, due to some family problems, I decided to return to my hometown. After much consideration, I emailed them my resignation letter in February 2013, asking to complete my notice period or relieve me as soon as possible. They discussed with me verbally and agreed to let me work from home.
So, neither my resignation was accepted nor rejected. After working from home in March and April, they paid me for March. However, in the first week of May, when my pay was due for April, they suddenly terminated my accounts and all my details. Over the phone, they informed me that the company was not happy with my performance and was discontinuing my job.
All employees received their salary by May 4th. When I inquired on May 6th about my salary, they requested me to send my work details, which I had already sent. However, they stopped responding to my emails.
Note: They did not provide me with any appointment letter, and nothing was mentioned in the offer letter regarding the notice period, except what I mentioned above.
Please guide me on how I can file a complaint and where I should file it, or should I resort to Annaji's armor :D (Anasan in front of my office).
From India, Anand
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I was appointed by an IT firm in Hyderabad in November 2012, and I moved from Gujarat to Hyderabad. Then I started working with them. Before joining, they emailed me the offer letter and salary breakup, which I accepted.
The offer letter mentions, "As per your consent to stay with Company Name (I still like to be honest with my company and not like to disclose the name; if required, I will reveal it later, sorry for that) for at least one year..."
I joined them in November 2012 and continued to work with them. Unfortunately, at the end of December, due to some family problems, I decided to return to my hometown. After much consideration, I emailed them my resignation letter in February 2013, asking to complete my notice period or relieve me as soon as possible. They discussed with me verbally and agreed to let me work from home.
So, neither my resignation was accepted nor rejected. After working from home in March and April, they paid me for March. However, in the first week of May, when my pay was due for April, they suddenly terminated my accounts and all my details. Over the phone, they informed me that the company was not happy with my performance and was discontinuing my job.
All employees received their salary by May 4th. When I inquired on May 6th about my salary, they requested me to send my work details, which I had already sent. However, they stopped responding to my emails.
Note: They did not provide me with any appointment letter, and nothing was mentioned in the offer letter regarding the notice period, except what I mentioned above.
Please guide me on how I can file a complaint and where I should file it, or should I resort to Annaji's armor :D (Anasan in front of my office).
From India, Anand
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No, I have not received any termination letter (you can read the details of termination in my response below).
There was nothing mentioned in the offer letter regarding probation.
Below are the details written in my offer letter:
Offer Letter Details
Dear (My Name),
We would like to congratulate you on your selection to the position of Developer with (Pvt. Ltd Company Name), an exclusive developing partner of (Branch of USA company).
As per your consent to stay with (Pvt. Ltd Company Name) for at least one year, your salary package remains as discussed with you. You would be appraised after ten months, and depending on your performance, you would be rewarded accordingly.
(Pvt. Ltd Company Name) develops software for its overseas partners. In this context, it might be required by employees to travel overseas. Overseas development and employment opportunities will be offered only upon the willingness to travel by the employee and are not mandatory.
A letter detailing all the benefits will be given after the commencement of the employment. If accepting this offer, you are required to confirm your start date of employment by Thursday, 15th November 2012, and submit the following paperwork.
From India, Anand
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There was nothing mentioned in the offer letter regarding probation.
Below are the details written in my offer letter:
Offer Letter Details
Dear (My Name),
We would like to congratulate you on your selection to the position of Developer with (Pvt. Ltd Company Name), an exclusive developing partner of (Branch of USA company).
As per your consent to stay with (Pvt. Ltd Company Name) for at least one year, your salary package remains as discussed with you. You would be appraised after ten months, and depending on your performance, you would be rewarded accordingly.
(Pvt. Ltd Company Name) develops software for its overseas partners. In this context, it might be required by employees to travel overseas. Overseas development and employment opportunities will be offered only upon the willingness to travel by the employee and are not mandatory.
A letter detailing all the benefits will be given after the commencement of the employment. If accepting this offer, you are required to confirm your start date of employment by Thursday, 15th November 2012, and submit the following paperwork.
From India, Anand
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Please be patient. Have you received any offer letter or appointment letter from your employer? Have you completed your probation period? If yes, after confirmation, what is your notice period? Employment may be terminated at any time by either party (employee or employer) giving the notice period. You will receive your dues. Don't worry.
Regards,
Sivakumar
From India, New Delhi
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Regards,
Sivakumar
From India, New Delhi
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I am not clear about it; that is the big mistake I made in my career. What I had was only the offer letter, and I already provided the details above, except that I don't have anything regarding the appointment letter. The only other proof is that my salary was being credited to my bank account. But verbally, there was nothing about the probation, and we agreed on a two-month notice period. There is a saying which is absolutely true, and I am experiencing it now: "Love your job but never love your company." I trusted them and worked honestly, but now I feel that I am cheated.
I am the only person in my family who is earning, and I am facing too many problems. I was willing that if I get my salary, I will find a new job and start a new beginning, but now they are holding my salary, so they are pushing me to go legally. I really want to know from you if I can file a complaint for my notice pay, mental torture, and fraud. Please guide me.
Regards
From India, Anand
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I am the only person in my family who is earning, and I am facing too many problems. I was willing that if I get my salary, I will find a new job and start a new beginning, but now they are holding my salary, so they are pushing me to go legally. I really want to know from you if I can file a complaint for my notice pay, mental torture, and fraud. Please guide me.
Regards
From India, Anand
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Formal Letter for Salary and Termination Issues
Send a formal letter asking for the reason for not crediting the salary to your bank account. Also, mention that you have not been offered any work since your last working date as you have not received the termination in writing. Do mention that if you do not hear from them within 7 days of receiving this letter, you will be forced to take legal action. Send the letter by registered post with an acknowledgment receipt.
Once they receive the letter and do not respond within the stipulated time, you can approach the Labour Department with your complaint, and they will help resolve your problem.
From India, Ahmadabad
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Send a formal letter asking for the reason for not crediting the salary to your bank account. Also, mention that you have not been offered any work since your last working date as you have not received the termination in writing. Do mention that if you do not hear from them within 7 days of receiving this letter, you will be forced to take legal action. Send the letter by registered post with an acknowledgment receipt.
Once they receive the letter and do not respond within the stipulated time, you can approach the Labour Department with your complaint, and they will help resolve your problem.
From India, Ahmadabad
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Request for Dues Settlement
Dear [Employer's Name], I hope this letter finds you well. I am writing to address the issue of my outstanding dues, including my salary payment and notice period. As per our employment agreement, these payments are due to me for the services rendered during my tenure at [Company Name].
I kindly request your prompt attention to this matter and the settlement of the aforementioned dues at your earliest convenience.
Furthermore, if you have issued any letter or email regarding the termination of my employment, I would appreciate it if you could provide me with a copy of the same for my records.
I will be sending this letter to you via registered post to ensure its safe delivery. Please acknowledge receipt of this letter and the enclosed documents at your earliest convenience.
Thank you for your prompt action on this matter. I look forward to a swift resolution.
Warm regards,
Siva
From India, New Delhi
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Dear [Employer's Name], I hope this letter finds you well. I am writing to address the issue of my outstanding dues, including my salary payment and notice period. As per our employment agreement, these payments are due to me for the services rendered during my tenure at [Company Name].
I kindly request your prompt attention to this matter and the settlement of the aforementioned dues at your earliest convenience.
Furthermore, if you have issued any letter or email regarding the termination of my employment, I would appreciate it if you could provide me with a copy of the same for my records.
I will be sending this letter to you via registered post to ensure its safe delivery. Please acknowledge receipt of this letter and the enclosed documents at your earliest convenience.
Thank you for your prompt action on this matter. I look forward to a swift resolution.
Warm regards,
Siva
From India, New Delhi
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I really appreciate your response; I would do the same. I have a few more questions that I would appreciate your help with:
Judicial Matters and Filing Complaints
1. I live in Anand, Gujarat, and the company is in Hyderabad. In the offer letter, nothing was mentioned regarding the subject of judicial matters. Can I file a complaint with my local labor department?
Communication with the Company
2. I have sent them five emails in the last five days regarding the salary, but they have not responded. Will that help me?
Advice from Former Employees
3. I have received a response from a previous employee who went through the same situation. Will it help me?
Thank you for your assistance.
From India, Anand
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Judicial Matters and Filing Complaints
1. I live in Anand, Gujarat, and the company is in Hyderabad. In the offer letter, nothing was mentioned regarding the subject of judicial matters. Can I file a complaint with my local labor department?
Communication with the Company
2. I have sent them five emails in the last five days regarding the salary, but they have not responded. Will that help me?
Advice from Former Employees
3. I have received a response from a previous employee who went through the same situation. Will it help me?
Thank you for your assistance.
From India, Anand
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Filing a Suit at the Labor Department
I assume that filing a suit at the Hyderabad Labor Department will result in a quicker resolution than filing a suit at Anand. However, it is advisable to approach the local Labor Department, who can guide you better on whether you can directly approach them or if the case will be transferred.
From India, Ahmadabad
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I assume that filing a suit at the Hyderabad Labor Department will result in a quicker resolution than filing a suit at Anand. However, it is advisable to approach the local Labor Department, who can guide you better on whether you can directly approach them or if the case will be transferred.
From India, Ahmadabad
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I agree with Saji. But before file a suit , send a letter to them regarding the dues. Regards, Sivakumar
From India, New Delhi
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From India, New Delhi
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You had a job that required you to live in Hyderabad. You resigned in February because you wanted to move back. The company offered to allow you to continue working from home in Gujarat since they did not want to lose the skill set you had. Then suddenly, they have terminated you.
Have you been working sincerely after returning home? Or are you diverted and distracted by other things that probably were the reason you returned home? It seems that the impression the company got is that you are not working properly or not doing the level of work expected, to the extent that they are refusing to give the last salary.
You need to speak to your manager immediately and find the reason they are holding back your salary. Perhaps it takes time to verify the work done, or that the work reported is not found to be done. Also, are you holding company property like a laptop, etc.? Because they will not clear your final settlement till you return it to them.
From India, Mumbai
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Have you been working sincerely after returning home? Or are you diverted and distracted by other things that probably were the reason you returned home? It seems that the impression the company got is that you are not working properly or not doing the level of work expected, to the extent that they are refusing to give the last salary.
You need to speak to your manager immediately and find the reason they are holding back your salary. Perhaps it takes time to verify the work done, or that the work reported is not found to be done. Also, are you holding company property like a laptop, etc.? Because they will not clear your final settlement till you return it to them.
From India, Mumbai
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I would suggest that you not go to court yet, as your manager has informed you that they are waiting for onsite approval. Do you have this in any written communication or any emails that mention your performance was satisfactory or that you were doing your job well? If yes, please document these, but do not use them unless you truly believe it is necessary. There is a chance your employer will find ways, considering you did not have an appointment letter, to prove that your performance was not up to par, and so on.
Hence, do not take any drastic steps like filing a case unless it is really required because typically, the salaries of terminated employees are only released upon full and final settlement, which is delayed until you submit all the assets.
Please follow the steps such as sending a registered notice asking for an answer and acknowledgment as mentioned by fellow members.
It's better late than having a court battle. Here, I am not supporting the company, but if a company desires to harm someone, they can, and believe me, I have seen that. So please have some patience. If they still do not reply or you are sure they are acting maliciously, then go to the Labour court.
Regards.
From India, Pune
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Hence, do not take any drastic steps like filing a case unless it is really required because typically, the salaries of terminated employees are only released upon full and final settlement, which is delayed until you submit all the assets.
Please follow the steps such as sending a registered notice asking for an answer and acknowledgment as mentioned by fellow members.
It's better late than having a court battle. Here, I am not supporting the company, but if a company desires to harm someone, they can, and believe me, I have seen that. So please have some patience. If they still do not reply or you are sure they are acting maliciously, then go to the Labour court.
Regards.
From India, Pune
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Salary-Note.doc