Termination of Employment: Seeking Advice
I am Pawan Rathod residing in Mumbai, India (Maharashtra State). I would like to draw your valuable attention to my termination of employment.
I was on a probationary period in a company where I was a top performer in the organization, particularly in the field of administration. I held the position of admin officer and effectively managed all responsibilities of the company.
I had completed two and a half months in the company and also have two months of successful performance reports authorized by the company director. They terminated me without any verbal or written notice. During my employment, I once discussed my salary with the company director. After considering my performance, the director agreed to a salary hike, to be effective after the completion of the three-month probationary period from my date of joining. Suddenly one morning, I was terminated, with the reason stated as my attitude not being good.
I accepted the termination, as I did not agree with the reason provided for my dismissal.
Following the termination, the company director informed me that my full and final settlement would be completed within 60 days from the termination date. It has now been 75 days, and they have prepared my salary settlement payment, excluding one month's notice pay. Upon pointing out this discrepancy via email, I was told it was the company's right to terminate me without notice during the probation period. I am considering appealing to the labor court regarding this matter.
Request for Opinion on Employment Termination Rules
I would like to request your opinion on the one-sided rules favoring the company and disadvantaging the employee. Is there an unjust rule that allows employers to take advantage of terminating well-performing employees? Should I accept the incorrect payment check? What legal actions can I take against them for this injustice?
I await your valuable advice on the next steps to take.
Additional Information
1. Despite verbally requesting an offer letter and appointment letter, I have not received them, as they have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, labeled 'Employment Confirmation,' with no terms and conditions specified.
3. I have not accepted the incorrect payment check from the company.
Regards,
Pawan Rathod
From India, Mumbai
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I am Pawan Rathod residing in Mumbai, India (Maharashtra State). I would like to draw your valuable attention to my termination of employment.
I was on a probationary period in a company where I was a top performer in the organization, particularly in the field of administration. I held the position of admin officer and effectively managed all responsibilities of the company.
I had completed two and a half months in the company and also have two months of successful performance reports authorized by the company director. They terminated me without any verbal or written notice. During my employment, I once discussed my salary with the company director. After considering my performance, the director agreed to a salary hike, to be effective after the completion of the three-month probationary period from my date of joining. Suddenly one morning, I was terminated, with the reason stated as my attitude not being good.
I accepted the termination, as I did not agree with the reason provided for my dismissal.
Following the termination, the company director informed me that my full and final settlement would be completed within 60 days from the termination date. It has now been 75 days, and they have prepared my salary settlement payment, excluding one month's notice pay. Upon pointing out this discrepancy via email, I was told it was the company's right to terminate me without notice during the probation period. I am considering appealing to the labor court regarding this matter.
Request for Opinion on Employment Termination Rules
I would like to request your opinion on the one-sided rules favoring the company and disadvantaging the employee. Is there an unjust rule that allows employers to take advantage of terminating well-performing employees? Should I accept the incorrect payment check? What legal actions can I take against them for this injustice?
I await your valuable advice on the next steps to take.
Additional Information
1. Despite verbally requesting an offer letter and appointment letter, I have not received them, as they have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, labeled 'Employment Confirmation,' with no terms and conditions specified.
3. I have not accepted the incorrect payment check from the company.
Regards,
Pawan Rathod
From India, Mumbai
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The company can terminate your services without giving written or verbal notice during the probation period if the terms and conditions of employment are not specified in your appointment.
Regards,
Satyendra Kain
From India, Delhi
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Regards,
Satyendra Kain
From India, Delhi
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Dear Sir,
I am thankful for receiving your valuable advice. As you mentioned employment terms and conditions, they neither gave me an offer letter nor any appointment letter, despite my continuous requests. I only received a confirmation email titled "Employment Confirmed," which lacked any terms and conditions.
Please reply.
Regards,
Pawan Rathod
From India, Mumbai
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I am thankful for receiving your valuable advice. As you mentioned employment terms and conditions, they neither gave me an offer letter nor any appointment letter, despite my continuous requests. I only received a confirmation email titled "Employment Confirmed," which lacked any terms and conditions.
Please reply.
Regards,
Pawan Rathod
From India, Mumbai
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The way the company has treated you suggests that it might be a proprietary or privately family-run company. Correct me if I'm wrong. Many family-run companies in India still practice unethical methods, but you can definitely contact forums for assistance. You should not forgo the money you deserve, as it is your right. No company can terminate an employee without logical reasons, so please ask them to provide a valid and logical reason.
From India, Mumbai
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8From India, Mumbai
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Dear Mr. Tiwari, Its an Private family run company. If you know about legal action to be taken for such peoples, please advise
From India, Mumbai
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From India, Mumbai
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Hi Pawan, You can try to sue them with the help of a good lawyer, they may not want to get into legal issues for such small amount and may eventually pay the emoluments to you.
From India, Mumbai
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From India, Mumbai
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I do agree with the above statement of not getting yourself associated with a company that doesn't provide an appointment letter; however, in many cases, the appointment letter is provided after 15-20 days of joining as per the policy. So, how can we judge whether it is an unethical company where our future could be ruined? Kindly suggest.
Regards,
Shilu
From India, Surat
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Regards,
Shilu
From India, Surat
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As per the labor laws in India, you are not able to protect your job or ask for a one-month notice or salary when you have not received any appointment letter and terms and conditions from the employer. The employer has the right to terminate any employee who is in training and probation.
I hope you understand.
Regards,
Tirupathi Reddi
FYI:
1. After verbally asking for the offer letter and appointment letter, I didn't receive them. They have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, stating 'Employment Confirmation,' with no terms and conditions provided.
3. I have not accepted that false payment check from the company.
From India, Secunderabad
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I hope you understand.
Regards,
Tirupathi Reddi
FYI:
1. After verbally asking for the offer letter and appointment letter, I didn't receive them. They have been continuously procrastinating.
2. I only received a confirmation email on the day I joined the company, stating 'Employment Confirmation,' with no terms and conditions provided.
3. I have not accepted that false payment check from the company.
From India, Secunderabad
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Dear TIrupathi Reddy, Will it help the case, if Mr.Pawan has any written communication requesting for apppointment letter. Regards, Vinoth
From India, Chennai
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From India, Chennai
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Understanding Your Employment Termination Situation
The very first mistake is that you never obtained your Appointment Letter. According to your query and the reason for your termination that they have stated, if found correct by them, they have the right to terminate you.
Second, I sense something amiss in your attitude and approach from your query. Therefore, I would like to know from you what went wrong on your end and what actions you took that led them to feel the need to terminate you, despite being a good-performing employee who was once appraised by your Director. There is certainly something you have not shared here, methinks. Please, if there is anything you are hiding, share it to enable members to provide more specific solutions.
Third, to the members suggesting legal action against the employer, let me ask you, on what basis can he take action? He has no appointment letter (Written Terms & Conditions of Employment), but they can anytime prove his mistakes and misconduct during his employment. Also, if they have issued him a "Termination Letter" stating the reason for his misbehavior, attitude, or any misconduct, this can also be favorable to the Employer.
You must not forget that any employee who is performing well and being appraised for good work is not easily terminated without a strong reason by the Employer, as Employers always want to retain good resources/employees, whether it is a private family-owned business or any other firm.
Pawan, your statement "I accepted the termination because I didn't like the reason for the employment termination" also gives us a sense of your wrong approach and attitude. Can't you and other members see it?
Regarding settlement, if there was a "one-month notice period salary" condition applied by them with the termination factor or with the offer letter, you can't fight for more.
It is unacceptable that even after 75 days, they have not given you F&F while the period was 60, and they were supposed to. However, the approach you have used here is also wrong. Do you really think threatening them by appealing to the labor court was right, and do you have any written conditions of employment that you can present to the labor court to get your appeal accepted?
Also, please do not misunderstand their response to your phone call after being threatened by you; it's just like they are doing their job, not that they got scared. I believe the one who advised you to go to the "Labour Court" has seriously misguided you or forgot to tell you the procedure, and you are also not understanding the facts.
Lastly, with the facts I found in your query and other responses, I would suggest you go to your Employer and speak to them nicely to clear all these things wisely instead of making more mistakes.
From India, Gurgaon
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The very first mistake is that you never obtained your Appointment Letter. According to your query and the reason for your termination that they have stated, if found correct by them, they have the right to terminate you.
Second, I sense something amiss in your attitude and approach from your query. Therefore, I would like to know from you what went wrong on your end and what actions you took that led them to feel the need to terminate you, despite being a good-performing employee who was once appraised by your Director. There is certainly something you have not shared here, methinks. Please, if there is anything you are hiding, share it to enable members to provide more specific solutions.
Third, to the members suggesting legal action against the employer, let me ask you, on what basis can he take action? He has no appointment letter (Written Terms & Conditions of Employment), but they can anytime prove his mistakes and misconduct during his employment. Also, if they have issued him a "Termination Letter" stating the reason for his misbehavior, attitude, or any misconduct, this can also be favorable to the Employer.
You must not forget that any employee who is performing well and being appraised for good work is not easily terminated without a strong reason by the Employer, as Employers always want to retain good resources/employees, whether it is a private family-owned business or any other firm.
Pawan, your statement "I accepted the termination because I didn't like the reason for the employment termination" also gives us a sense of your wrong approach and attitude. Can't you and other members see it?
Regarding settlement, if there was a "one-month notice period salary" condition applied by them with the termination factor or with the offer letter, you can't fight for more.
It is unacceptable that even after 75 days, they have not given you F&F while the period was 60, and they were supposed to. However, the approach you have used here is also wrong. Do you really think threatening them by appealing to the labor court was right, and do you have any written conditions of employment that you can present to the labor court to get your appeal accepted?
Also, please do not misunderstand their response to your phone call after being threatened by you; it's just like they are doing their job, not that they got scared. I believe the one who advised you to go to the "Labour Court" has seriously misguided you or forgot to tell you the procedure, and you are also not understanding the facts.
Lastly, with the facts I found in your query and other responses, I would suggest you go to your Employer and speak to them nicely to clear all these things wisely instead of making more mistakes.
From India, Gurgaon
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As per the Supreme Court judgment, if an employee completes 240 days in the organization, he/she is deemed to be confirmed and considered a confirmed employee. If you have worked there for more than 240 days and you have the documents to prove that, you can definitely ask for compensation applicable to confirmed employees.
Secondly, also disclose the name of the company so that other people become aware of such companies and advise others not to join them. Do this if you are right.
Regards
From India, Pune
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Secondly, also disclose the name of the company so that other people become aware of such companies and advise others not to join them. Do this if you are right.
Regards
From India, Pune
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Termination from Employment.pdf