Issues in the Company
In my company, there are the following problems:
• Irregular salary payment
• Salary slips not given
• Identity card is not provided
• No appraisals
Two months ago, one employee, who had worked for more than three years, was asked to resign on the same day, citing poor performance without any meeting or notice period. No salary was paid for the last month of resignation, and no documents were provided. Before resigning, when she was still an employee, her personal belongings were deleted.
Considering all the above conditions, can any legal action be taken against the company? The employee is seeking the documents and salary. Can the employee pursue any legal action?
From India, Mumbai
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1In my company, there are the following problems:
• Irregular salary payment
• Salary slips not given
• Identity card is not provided
• No appraisals
Two months ago, one employee, who had worked for more than three years, was asked to resign on the same day, citing poor performance without any meeting or notice period. No salary was paid for the last month of resignation, and no documents were provided. Before resigning, when she was still an employee, her personal belongings were deleted.
Considering all the above conditions, can any legal action be taken against the company? The employee is seeking the documents and salary. Can the employee pursue any legal action?
From India, Mumbai
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Please provide more details regarding the nature of work and your industry. Is the salary being received through bank remittance or cheque payment? What is the exact salary amount - is it above Rs. 18,000 or below Rs. 18,000?
Additionally, could you clarify the status of PF and ESI contributions? Has a PF number been allocated, and does she possess an ESI Smart Card?
Your response will enable our members to offer you the correct information.
Thank you.
From India, Kumbakonam
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Additionally, could you clarify the status of PF and ESI contributions? Has a PF number been allocated, and does she possess an ESI Smart Card?
Your response will enable our members to offer you the correct information.
Thank you.
From India, Kumbakonam
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Legal Actions in a BPO Company Context
It is a BPO company. The salary was deposited directly into the bank account. Her salary was above Rs. 18,000. As there were no identity card and salary slips provided, there was no PF and ESI contribution.
Taking all the above conditions (consider the previous post also) into consideration, can any legal action be taken against the employee? The employee is asking for the documents and salary. Can the employee take any legal action?
Regards,
From India, Mumbai
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It is a BPO company. The salary was deposited directly into the bank account. Her salary was above Rs. 18,000. As there were no identity card and salary slips provided, there was no PF and ESI contribution.
Taking all the above conditions (consider the previous post also) into consideration, can any legal action be taken against the employee? The employee is asking for the documents and salary. Can the employee take any legal action?
Regards,
From India, Mumbai
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She can file a civil suit against the company. As proof of employment, she can provide the bank statement showing the salary credited in court. Hopefully, she did not submit a resignation letter to the company. The PF and ESI benefits apply to organizations with employee strength greater than 20/10; if the employee count is lower, PF and ESI are not applicable. However, she can contest her termination in civil court and seek redress.
From India, Kumbakonam
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From India, Kumbakonam
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But what about Before resigning (when she was employee) deleted her personal reference things(which was nothing to do with the company and was kept only for her personal reference) . Is it fine???
From India, Mumbai
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From India, Mumbai
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I do not understand what your concern actually is. She has deleted her personal material, which was on a PC that she was using. Why should that be wrong? Was that the reason she was fired in the first place? There seem to be some things missing in the whole post. There are some things that are not being told to us.
In most cases, the company is liable to pay notice pay to any employee who is being terminated. Why do you intend to deny notice pay to her?
From India, Mumbai
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In most cases, the company is liable to pay notice pay to any employee who is being terminated. Why do you intend to deny notice pay to her?
From India, Mumbai
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Issues Faced by the Company
My company is facing the following problems:
1. Irregular salary payments.
2. Salary slips not provided.
3. Identity cards not issued.
4. No appraisals conducted.
Two months ago, an employee who had worked for more than three years was asked to resign on the same day, citing poor performance without a meeting or notice period. The employee did not receive the last month's salary upon resignation, nor were any documents provided. Additionally, personal items were deleted before resignation while the employee was still with the company.
Considering the above circumstances, can any legal action be taken against the company? The employee is seeking documents and salary; can legal action be pursued?
The message is not clear. If I understood correctly:
1. She was asked to resign—which she did. Now the question is about her salary—were appointment letters issued, and what does the termination clause state?
2. Deleting personal data from the computer is not a crime. I hope only personal data was removed. If company data was deleted, the company can take action.
Thanks,
GN
From India, Mumbai
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My company is facing the following problems:
1. Irregular salary payments.
2. Salary slips not provided.
3. Identity cards not issued.
4. No appraisals conducted.
Two months ago, an employee who had worked for more than three years was asked to resign on the same day, citing poor performance without a meeting or notice period. The employee did not receive the last month's salary upon resignation, nor were any documents provided. Additionally, personal items were deleted before resignation while the employee was still with the company.
Considering the above circumstances, can any legal action be taken against the company? The employee is seeking documents and salary; can legal action be pursued?
The message is not clear. If I understood correctly:
1. She was asked to resign—which she did. Now the question is about her salary—were appointment letters issued, and what does the termination clause state?
2. Deleting personal data from the computer is not a crime. I hope only personal data was removed. If company data was deleted, the company can take action.
Thanks,
GN
From India, Mumbai
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I have collected the following information:
1. She (employee) has deleted her personal files only. All the work she has done is in proper condition.
2. Salary was not paid regularly. Salary was paid with a gap of 2-3 months.
3. Salary slips were not issued.
4. No Identity card was issued.
Appointment Letter Clause
In the appointment letter, it is stated that "the company can terminate given her notice of three months or notice which is mutually agreed. But if any indiscipline, irregularity, the company can terminate the services without giving any notice."
Now, as per the information I have collected, there was no indiscipline or irregularity done by her. The only thing she used to ask about was the salary and salary slips.
She was asked to resign on the same day, giving the reason as poor performance without any meeting and without any notice period, no salary paid for the last month of resignation, and no documents have been given.
She has given resignation which was not replied to by the previous HR. At that time, it was said that she had deleted the files. But she replied that she had deleted her personal files only.
Now, she is asking for her documents (relieving letter, experience letter).
It has been said to me to check whether any legal action can be taken against her.
Queries
1. Can any legal action be taken against her? If yes, what?
2. Can she take any legal action (note she does have an appointment letter, bank statement but does not have an identity card, salary slips) to get documents and salary of the month she has worked? If yes, what?
From India, Mumbai
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1. She (employee) has deleted her personal files only. All the work she has done is in proper condition.
2. Salary was not paid regularly. Salary was paid with a gap of 2-3 months.
3. Salary slips were not issued.
4. No Identity card was issued.
Appointment Letter Clause
In the appointment letter, it is stated that "the company can terminate given her notice of three months or notice which is mutually agreed. But if any indiscipline, irregularity, the company can terminate the services without giving any notice."
Now, as per the information I have collected, there was no indiscipline or irregularity done by her. The only thing she used to ask about was the salary and salary slips.
She was asked to resign on the same day, giving the reason as poor performance without any meeting and without any notice period, no salary paid for the last month of resignation, and no documents have been given.
She has given resignation which was not replied to by the previous HR. At that time, it was said that she had deleted the files. But she replied that she had deleted her personal files only.
Now, she is asking for her documents (relieving letter, experience letter).
It has been said to me to check whether any legal action can be taken against her.
Queries
1. Can any legal action be taken against her? If yes, what?
2. Can she take any legal action (note she does have an appointment letter, bank statement but does not have an identity card, salary slips) to get documents and salary of the month she has worked? If yes, what?
From India, Mumbai
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Let me understand: You have unfairly terminated an employee mainly because she asked for her salary on time and a salary slip. Now you want to know how to take legal action against her? I do not think most of the members on this site will help you. I would suggest you give her the documents she asks for. If she were to approach a good lawyer, he will definitely find a way to file a case and provide enough evidence, including witnesses who will be forced to confirm that she used to work with you.
From India, Mumbai
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From India, Mumbai
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In all the posts, your concern has been whether the employee who was asked to resign unceremoniously can file a complaint against the company, and the answer to the same is a big YES.
She can prove her employment on the basis of an appointment letter and continuity of service from her bank statement. She can approach the labor authorities and make a complaint that she was not issued salary slips, identity card, etc., while in service. As you have not issued her any relieving letter, she can also claim that she has been refused employment even though she wants to work with the organization or has been terminated without complying with the principles of natural justice.
She can also approach the labor court, and rest assured that the court will not decide, in the first place, if the employee was a workman or not, as the contention of the employer that she is not a workman will have to be substantiated by the employer. To prove that, as you have mentioned, you do not have any strong evidence. Furthermore, there is no evidence with you to establish that the employer-employee relationship has ended since neither you have accepted the resignation letter nor have you issued a termination letter. The court may also direct the employer for reinstatement along with back wages, and any future termination by the employer would be very difficult.
On the other hand, if you file a case against her, you would be exposing yourself to the law. In the first place, you will have to prove that she was your employee by producing documents like an appointment letter, salary slips, identity card, etc.
My Sincere Advice:
1. Comply with her requests for a proper relieving letter and any other required documents.
2. In the future, handle separations with utmost caution and be more professional.
Regards,
Preetam Deshpande
From India, Mumbai
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She can prove her employment on the basis of an appointment letter and continuity of service from her bank statement. She can approach the labor authorities and make a complaint that she was not issued salary slips, identity card, etc., while in service. As you have not issued her any relieving letter, she can also claim that she has been refused employment even though she wants to work with the organization or has been terminated without complying with the principles of natural justice.
She can also approach the labor court, and rest assured that the court will not decide, in the first place, if the employee was a workman or not, as the contention of the employer that she is not a workman will have to be substantiated by the employer. To prove that, as you have mentioned, you do not have any strong evidence. Furthermore, there is no evidence with you to establish that the employer-employee relationship has ended since neither you have accepted the resignation letter nor have you issued a termination letter. The court may also direct the employer for reinstatement along with back wages, and any future termination by the employer would be very difficult.
On the other hand, if you file a case against her, you would be exposing yourself to the law. In the first place, you will have to prove that she was your employee by producing documents like an appointment letter, salary slips, identity card, etc.
My Sincere Advice:
1. Comply with her requests for a proper relieving letter and any other required documents.
2. In the future, handle separations with utmost caution and be more professional.
Regards,
Preetam Deshpande
From India, Mumbai
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Thanks to all for the replies. I also came to know that whenever she asked for documents, the previous HR used to tell her that she had not resigned (even though the HR had asked her to resign verbally) and that she was terminated. The HR also used to ask for files (which she said were her personal reference files) to be deleted. The employee had worked with the company for around three years.
Additionally, when a call came for her background verification, the HR gave very negative feedback (stating she had performance issues and attitude problems).
In this case:
1. Can any legal action be taken against her? If yes, what steps can be taken?
2. Can she take any legal action? Note that she has her appointment letter and bank statements but does not have an identity card or salary slips. Can she request her documents and the salary for the month she worked? If yes, what steps can she take?
From India, Mumbai
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Additionally, when a call came for her background verification, the HR gave very negative feedback (stating she had performance issues and attitude problems).
In this case:
1. Can any legal action be taken against her? If yes, what steps can be taken?
2. Can she take any legal action? Note that she has her appointment letter and bank statements but does not have an identity card or salary slips. Can she request her documents and the salary for the month she worked? If yes, what steps can she take?
From India, Mumbai
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