Hi all,
I have been working in the private limited company (MNC) for about 2 1/2 years. I was even promoted last year to assistant manager and received an appraisal this year.
The company consists of 7 employees, and it is not a listed company. There is also no EPF.
I spoke with my employer about my resignation, and he instructed me to bring a resignation letter the next day. However, I sent him my resignation via email and mentioned that I would be submitting the hard copy the following day at the office. The reason for my resignation was that I am going to study abroad, and I attached my admission letter from the university. I also requested to be relieved on or before a month, which is my notice period as per company policy.
I sent my email at 4:20 pm and received a response from the company at 6:30 pm stating that I have been terminated from my service for not adhering to the company policy and for disobedient deeds. I replied, seeking an explanation for the termination.
Additionally, I asked for my settlements and a relieving letter within a week or an explanation for the termination, stating that I would consider taking legal action otherwise.
I would like guidance on how to proceed to obtain my settlements and relieving letter. I am unsure if I can file a complaint through the labor office. From my research, I found that I can refer to the Tamil Nadu Shop and Commercial Establishment Act, but I would appreciate clarity on the next steps.
Thank you in advance.
From India, Chennai
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I have been working in the private limited company (MNC) for about 2 1/2 years. I was even promoted last year to assistant manager and received an appraisal this year.
The company consists of 7 employees, and it is not a listed company. There is also no EPF.
I spoke with my employer about my resignation, and he instructed me to bring a resignation letter the next day. However, I sent him my resignation via email and mentioned that I would be submitting the hard copy the following day at the office. The reason for my resignation was that I am going to study abroad, and I attached my admission letter from the university. I also requested to be relieved on or before a month, which is my notice period as per company policy.
I sent my email at 4:20 pm and received a response from the company at 6:30 pm stating that I have been terminated from my service for not adhering to the company policy and for disobedient deeds. I replied, seeking an explanation for the termination.
Additionally, I asked for my settlements and a relieving letter within a week or an explanation for the termination, stating that I would consider taking legal action otherwise.
I would like guidance on how to proceed to obtain my settlements and relieving letter. I am unsure if I can file a complaint through the labor office. From my research, I found that I can refer to the Tamil Nadu Shop and Commercial Establishment Act, but I would appreciate clarity on the next steps.
Thank you in advance.
From India, Chennai
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Dear [Recipient],
Your action is absolutely right. What is the notice period stated in your appointment letter? You can approach the labor office and claim your settlement of dues. Once you have resigned and they want to terminate you after resignation, it is not clear what benefit they will gain by doing so. The employer should understand that if they choose to terminate in that manner, they will be required to provide notice pay salary to you.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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174Your action is absolutely right. What is the notice period stated in your appointment letter? You can approach the labor office and claim your settlement of dues. Once you have resigned and they want to terminate you after resignation, it is not clear what benefit they will gain by doing so. The employer should understand that if they choose to terminate in that manner, they will be required to provide notice pay salary to you.
Thank you.
Best regards,
[Your Name]
From India, Delhi
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Termination after resignation is like giving a death sentence after the death of a person. Since you are going abroad for your studies, termination will not hamper the same, I believe. With regards to the settlement, even if it is termination, the employer is bound to give you the salary for your employment.
From India, Ahmadabad
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From India, Ahmadabad
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The termination is bad in law as you have been terminated for misconduct, i.e., you did not adhere to the company policies, and you were disobedient. Assuming you have committed such misconduct, the company needs to prove it through a domestic enquiry before terminating your service.
However, since you resigned before your termination, your termination will automatically be invalid. Regardless of whether you were terminated or resigned, you are entitled to a full and final settlement. Please clarify what your full and final settlement entails for better understanding. Send a demand or legal notice to claim what you are entitled to, and then proceed further according to the law.
From India, Kolkata
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However, since you resigned before your termination, your termination will automatically be invalid. Regardless of whether you were terminated or resigned, you are entitled to a full and final settlement. Please clarify what your full and final settlement entails for better understanding. Send a demand or legal notice to claim what you are entitled to, and then proceed further according to the law.
From India, Kolkata
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It is an act of perversion on the part of your employer. Such an act of the employer taking vindictive action against an employee only because of the submission of a letter of resignation needs to be challenged before the appropriate forum.
I believe that as an employee working as an Assistant Manager, you may not fall under the definition of a workman under section 2(s) of the Industrial Disputes Act. You may consider seeking advice from a legal expert well-versed in labor laws who can guide you appropriately.
Please take this up as a challenge and a lesson to be taught to your employer so that he can become aware of the proper role of an employer in such a situation.
From India, Mumbai
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I believe that as an employee working as an Assistant Manager, you may not fall under the definition of a workman under section 2(s) of the Industrial Disputes Act. You may consider seeking advice from a legal expert well-versed in labor laws who can guide you appropriately.
Please take this up as a challenge and a lesson to be taught to your employer so that he can become aware of the proper role of an employer in such a situation.
From India, Mumbai
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Dear All,
Thank you so much for all your replies.
As per my company policy, the notice period is 1 month. It has been mentioned in the non-disclosure agreement, which I signed along with my appointment letter, that if they terminate me, they need to pay me the salary for the next month as well.
However, I was only expecting my current month's salary, a proper relieving letter, and an experience certificate. Fortunately, yesterday, I received my salary credit.
I have sent a thank-you email stating that I will hand over the office items (SIM card, ID card, and business card) to them this Saturday and collect my relieving letter and experience certificate.
While I understand that I may not need the relieving letter for my studies abroad, I anticipate needing it if I plan to work for another company. Since I have received my settlement, I only require the relieving letter. If I do not receive a proper response from them, can I proceed legally to obtain a relieving letter?
My concern is whether they can terminate me simply by stating that I did not adhere to the company policy and for disobedience without any prior memo or explanation after receiving my resignation letter. I also had the same doubt about whether I would fall under the category of labor as I am employed as an Assistant Manager.
I only require a proper relieving letter since I have received my salary, so kindly guide me on that.
Thank you once again for all your concern.
From India, Chennai
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Thank you so much for all your replies.
As per my company policy, the notice period is 1 month. It has been mentioned in the non-disclosure agreement, which I signed along with my appointment letter, that if they terminate me, they need to pay me the salary for the next month as well.
However, I was only expecting my current month's salary, a proper relieving letter, and an experience certificate. Fortunately, yesterday, I received my salary credit.
I have sent a thank-you email stating that I will hand over the office items (SIM card, ID card, and business card) to them this Saturday and collect my relieving letter and experience certificate.
While I understand that I may not need the relieving letter for my studies abroad, I anticipate needing it if I plan to work for another company. Since I have received my settlement, I only require the relieving letter. If I do not receive a proper response from them, can I proceed legally to obtain a relieving letter?
My concern is whether they can terminate me simply by stating that I did not adhere to the company policy and for disobedience without any prior memo or explanation after receiving my resignation letter. I also had the same doubt about whether I would fall under the category of labor as I am employed as an Assistant Manager.
I only require a proper relieving letter since I have received my salary, so kindly guide me on that.
Thank you once again for all your concern.
From India, Chennai
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"My point is, can they terminate me simply by saying I didn't adhere to the company policy and for disobedience deeds without any prior memo or explanation after receiving my resignation letter."
"No, your designation is not important, but your nature of work is."
"Yes, I had the same doubt whether I will come under the category of labor as I am employed as an Assistant Manager."
From India, Kolkata
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"No, your designation is not important, but your nature of work is."
"Yes, I had the same doubt whether I will come under the category of labor as I am employed as an Assistant Manager."
From India, Kolkata
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Hello Sir,
At the outset, I would like to thank you for your courtesy in clearing my payment dues by crediting my salary for July. I will hand over the three items mentioned by you this Saturday to any of your staff authorized by you. In the meantime, kindly prepare my relieving letter and experience certificate, which I can also receive at the same time.
I still haven't received any reply. What should I do? Can I withhold those items myself? Kindly suggest an idea regarding this issue as well.
Thank you.
From India, Chennai
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At the outset, I would like to thank you for your courtesy in clearing my payment dues by crediting my salary for July. I will hand over the three items mentioned by you this Saturday to any of your staff authorized by you. In the meantime, kindly prepare my relieving letter and experience certificate, which I can also receive at the same time.
I still haven't received any reply. What should I do? Can I withhold those items myself? Kindly suggest an idea regarding this issue as well.
Thank you.
From India, Chennai
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Thank you for your response, Riteshmaity.
"My point is, can they terminate me simply by saying I didn't adhere to the company policy and for disobedient deeds without any prior memo or explanation after receiving my resignation letter?"
NO - well, so I can send a legal notice to them, right?
"Yes, I had the same doubt whether I will come under the category of labor as I am employed as an Assistant Manager."
Your designation is not important, but your nature of work is. My nature of work is technical support to our customers.
From India, Chennai
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"My point is, can they terminate me simply by saying I didn't adhere to the company policy and for disobedient deeds without any prior memo or explanation after receiving my resignation letter?"
NO - well, so I can send a legal notice to them, right?
"Yes, I had the same doubt whether I will come under the category of labor as I am employed as an Assistant Manager."
Your designation is not important, but your nature of work is. My nature of work is technical support to our customers.
From India, Chennai
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Legal will take its own course of time, wherein it may hamper your studies abroad, try to get an amicable solution of exit.
From India, Ahmadabad
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From India, Ahmadabad
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Thank you for your reply, Mr. Saji.
The legal process will take more time, but will I be favored? What concerns me even more is not just my own case, but also my junior's case. They were threatened that they would be terminated if they resigned and asked for a one-month notice period. I pointed out that if the company does not accept a one-month notice, then they are obligated to pay the salary for that month. However, they responded by saying it's not my concern, and if my juniors need to address the issue, they can file a complaint.
In the end, my junior left the job without serving the one-month notice and without receiving the corresponding payment. Now, the same situation has happened to me. Therefore, I need to find a way to demonstrate to them that what they are doing is incorrect.
From India, Chennai
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The legal process will take more time, but will I be favored? What concerns me even more is not just my own case, but also my junior's case. They were threatened that they would be terminated if they resigned and asked for a one-month notice period. I pointed out that if the company does not accept a one-month notice, then they are obligated to pay the salary for that month. However, they responded by saying it's not my concern, and if my juniors need to address the issue, they can file a complaint.
In the end, my junior left the job without serving the one-month notice and without receiving the corresponding payment. Now, the same situation has happened to me. Therefore, I need to find a way to demonstrate to them that what they are doing is incorrect.
From India, Chennai
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If you do not have any supervisory or administrative capacity, such as approving leave, issuing a charge sheet, or any subordinates whom you have the authority to control, then you can come under the purview of a workman under the ID Act, irrespective of your designation.
Surely, you can send them a legal notice.
From India, Kolkata
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Surely, you can send them a legal notice.
From India, Kolkata
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Thank you for your reply, Mr. Ritesh. I don't have the administrative power to approve leave, but I have subordinates under me. So, I cannot come under workman. Thank you. I will send a legal notice surely if things don't move out smoothly. Anyway, I got a call from my office; they are asking me to meet them on Monday. Are there any precautions I need to take care of? Kindly suggest if any.
From India, Chennai
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From India, Chennai
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Dear Buvanesh,
Law will take more time but will I be favored? No, as per my viewpoint. Why? Because at the end, the employer will state that they have relieved you immediately after your resignation; they don't require your notice. Hence, you will get the salary till the day you have put in your resignation, as well as the relieving letter and experience certificate, etc. Legally, you cannot bind your employer to pay for a one-month notice period. If you still think that you should fight it out legally, you can, but you will be wasting your money and time.
From India, Ahmadabad
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Law will take more time but will I be favored? No, as per my viewpoint. Why? Because at the end, the employer will state that they have relieved you immediately after your resignation; they don't require your notice. Hence, you will get the salary till the day you have put in your resignation, as well as the relieving letter and experience certificate, etc. Legally, you cannot bind your employer to pay for a one-month notice period. If you still think that you should fight it out legally, you can, but you will be wasting your money and time.
From India, Ahmadabad
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The only precaution to be taken care of, is that be firm, and get the maximum benefit out of the situation amicably.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Saji,
Thank you for the reply.
Actually, I am not into fighting to accept my one-month notice or salary. I am only going to fight to be properly relieved by receiving a relieving letter and experience certificate instead of the termination letter they sent me after my resignation. So, what about in this case? Yes, I am only going to move smoothly with them because I only need proper relieving from them, nothing more.
One more question I have is if they do not give me a relieving letter on Monday, should I hand over my office sim to them, or can I keep it myself? As I mentioned in my reply letter, I am ready to hand over my sim and collect my letter.
Thank you.
From India, Chennai
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Thank you for the reply.
Actually, I am not into fighting to accept my one-month notice or salary. I am only going to fight to be properly relieved by receiving a relieving letter and experience certificate instead of the termination letter they sent me after my resignation. So, what about in this case? Yes, I am only going to move smoothly with them because I only need proper relieving from them, nothing more.
One more question I have is if they do not give me a relieving letter on Monday, should I hand over my office sim to them, or can I keep it myself? As I mentioned in my reply letter, I am ready to hand over my sim and collect my letter.
Thank you.
From India, Chennai
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Dear Buvanesh,
As mentioned earlier, your resignation mail was sent first. After that, the termination letter was mailed to you, so it does not carry any value to the new employer. When meeting with the seniors, be firm and ask for the relieving letter since you have resigned. If they mention termination, then you should ask for the report from the domestic inquiry conducted for misconduct, the show cause notice given to you, etc. This approach will backfire on them, and I am sure they will relieve you amicably. You have to be firm and inform the senior management that you are planning to take legal action if necessary, and you have sufficient proof to demonstrate your innocence regarding the misconduct charges leveled against you. Regarding holding the SIM card and/or other company items, this is not relevant to your quest for the relieving letter rather than the termination letter.
Kind regards,
From India, Ahmadabad
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As mentioned earlier, your resignation mail was sent first. After that, the termination letter was mailed to you, so it does not carry any value to the new employer. When meeting with the seniors, be firm and ask for the relieving letter since you have resigned. If they mention termination, then you should ask for the report from the domestic inquiry conducted for misconduct, the show cause notice given to you, etc. This approach will backfire on them, and I am sure they will relieve you amicably. You have to be firm and inform the senior management that you are planning to take legal action if necessary, and you have sufficient proof to demonstrate your innocence regarding the misconduct charges leveled against you. Regarding holding the SIM card and/or other company items, this is not relevant to your quest for the relieving letter rather than the termination letter.
Kind regards,
From India, Ahmadabad
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Dear Saji,
Thank you so much for your advice.
Dear All,
Thank you so much for your time and help. Things moved out smoothly. I got my relieving letter. For the experience letter, they said to send them my VISA copy or airline ticket so that they will give me my experience letter. As I was to move smoothly, I said okay and collected my relieving letter. In my relieving letter itself, the work duration is mentioned. So I hope the experience letter is not much needed. Once again, I thank you all for your concern in me. Thank you so much. You all mean a lot to me.
From India, Chennai
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Thank you so much for your advice.
Dear All,
Thank you so much for your time and help. Things moved out smoothly. I got my relieving letter. For the experience letter, they said to send them my VISA copy or airline ticket so that they will give me my experience letter. As I was to move smoothly, I said okay and collected my relieving letter. In my relieving letter itself, the work duration is mentioned. So I hope the experience letter is not much needed. Once again, I thank you all for your concern in me. Thank you so much. You all mean a lot to me.
From India, Chennai
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