Dear all, I worked for a private company from 7th December 2012. On 14th May 2014, the company terminated me without any notice period. The reason given was "WE NEED NOT YOUR SERVICE," and I was terminated with immediate effect. I had to sign a "NO DUES CERTIFICATE" and a "RESIGNATION LETTER" to fulfill all the formalities for clearance in my final payment. During this service period, I completed the six-month probation period on 15th June 2013. I received an appraisal form on 1st January 2014, which was submitted to HR on 26th January 2014. After one year and 158 days of service, I was terminated.
Since I was on-site, my termination was conveyed over the phone (no mail) and lasted for two minutes. Due to possible misunderstanding, I visited the head office on 22nd May 2014. The HR confirmed my termination and informed me that the salary for 14 days would be paid on 7th June 2014, but I was not liable for the variable component.
As per the appointment letter, my yearly salary is Rs. 3,60,000.00. However, after deductions (10% for variable payment, LTA of Rs. 800, and Bonus of Rs. 800), I receive Rs. 25,401.00 per month.
Until May 2014, the LTA and Bonus are due for 2 months, while the Variable component is due from joining to termination.
Now, with the above details, please suggest what steps I should take.
All the above documents are available in hard copies.
From India, Mumbai
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1Since I was on-site, my termination was conveyed over the phone (no mail) and lasted for two minutes. Due to possible misunderstanding, I visited the head office on 22nd May 2014. The HR confirmed my termination and informed me that the salary for 14 days would be paid on 7th June 2014, but I was not liable for the variable component.
As per the appointment letter, my yearly salary is Rs. 3,60,000.00. However, after deductions (10% for variable payment, LTA of Rs. 800, and Bonus of Rs. 800), I receive Rs. 25,401.00 per month.
Until May 2014, the LTA and Bonus are due for 2 months, while the Variable component is due from joining to termination.
Now, with the above details, please suggest what steps I should take.
All the above documents are available in hard copies.
From India, Mumbai
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Clarification for Termination
First of all, get clarification for termination. The reason for termination has to be sought to come to any conclusion. Just stating, "We do not need your service," will not suffice. Tell them to provide everything in writing so that it can be challenged in a court of law for justice.
From India, Ahmadabad
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First of all, get clarification for termination. The reason for termination has to be sought to come to any conclusion. Just stating, "We do not need your service," will not suffice. Tell them to provide everything in writing so that it can be challenged in a court of law for justice.
From India, Ahmadabad
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Respected sir, for my termination, there was neither any letter nor email, only a call from the company's HR. Moreover, I was at the site (at Surendranagar, near Ahmedabad, Gujarat). So, without any argument, I accepted my discharge.
Sir, statistically or legally, if anyone is wrong, then this is my view: "An employer must fulfill all their terms and conditions before initiating someone as an employee; therefore, at all stages, the employer must follow all the necessary requirements."
Even though I visited the head office on 22 May 2014, without entertaining my presence at the office, the HR said that "Your 14 days' pay will be credited with the monthly payment, and an experience certificate will be provided one month from the date of termination."
Please suggest to me, "What is my right?"
From India, Mumbai
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Sir, statistically or legally, if anyone is wrong, then this is my view: "An employer must fulfill all their terms and conditions before initiating someone as an employee; therefore, at all stages, the employer must follow all the necessary requirements."
Even though I visited the head office on 22 May 2014, without entertaining my presence at the office, the HR said that "Your 14 days' pay will be credited with the monthly payment, and an experience certificate will be provided one month from the date of termination."
Please suggest to me, "What is my right?"
From India, Mumbai
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Termination Advice and Procedure
To advise appropriately, the forum should know the reason for termination. You, in turn, should write a letter or email to the HR and the reporting manager explaining the reason for such termination. One cannot terminate a confirmed employee all of a sudden by stating that their service is not required; it is not child's play. This type of attitude only happens in LALA company. Even if there is any deficiency on your part in terms of work or code of conduct, a domestic inquiry should be conducted, and you should be asked for an explanation before any official warning is given. Let seniors also share their views.
Regards
From India, Ahmadabad
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To advise appropriately, the forum should know the reason for termination. You, in turn, should write a letter or email to the HR and the reporting manager explaining the reason for such termination. One cannot terminate a confirmed employee all of a sudden by stating that their service is not required; it is not child's play. This type of attitude only happens in LALA company. Even if there is any deficiency on your part in terms of work or code of conduct, a domestic inquiry should be conducted, and you should be asked for an explanation before any official warning is given. Let seniors also share their views.
Regards
From India, Ahmadabad
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Challenging Resignation in Lieu of Termination
When a resignation obtained from an employee in lieu of termination can be challenged. As per the Supreme Court, (M/s Atlas Cycle (Haryana) Ltd. vs. Kitab Singh (2013 LLR 231)), quitting a job for no reason is a resignation obtained by coercion (2013 LLR 231). However, this needs to be studied with a practicing lawyer in labor laws.
If a company terminates employees regularly, and all such employees address the issues jointly, there may be chances.
From India, Pune
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When a resignation obtained from an employee in lieu of termination can be challenged. As per the Supreme Court, (M/s Atlas Cycle (Haryana) Ltd. vs. Kitab Singh (2013 LLR 231)), quitting a job for no reason is a resignation obtained by coercion (2013 LLR 231). However, this needs to be studied with a practicing lawyer in labor laws.
If a company terminates employees regularly, and all such employees address the issues jointly, there may be chances.
From India, Pune
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