Hello, I need your kind suggestions on the topic of unlawful termination by our employers.
Unlawful Termination Concerns
We are working in a software company where they don't provide us with any official documents regarding the job. After some months, he called us in last Saturday and said that they don't have funds to pay the team, so they are letting some people go. It will be effective by the next working day. Therefore, there is no need to come to the office for some people.
Even though he didn't clarify the final settlement, he asked them to come on Monday to collect their settled amount and previous month's salary. However, on Monday, he again mentioned the same thing—that he doesn't have funds to clear the pending amount—so come again next week, without providing any certain date.
Concerns and Questions
Due to this unkind behavior towards employees, I have doubts about the situation:
1. Who gave the rights to employers to treat their staff like animals?
2. If the management decided, then why didn't they serve any written notice to the listed person? At least, they would have some time to find another job or other means of livelihood and prepare mentally.
3. The employer is stating that he will pay only until the last working day.
Questions on Employee Rights and Employer Obligations
Now, my questions are:
A. What amount will be the full and final settlement based on rights?
B. Can the terminated employee ask for damages on a monthly basis because he doesn't have any clue regarding the termination?
C. How will the laws help the other current employees to prevent such situations by the same employer?
D. What penalties should be imposed on the employer so that he does not repeat such a shameful act?
Lastly, during the festive season, can our employer escape paying some extra bucks to the fired employees?
I apologize for the long post, but it truly means a lot to the terminated employees.
From India, Noida
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Unlawful Termination Concerns
We are working in a software company where they don't provide us with any official documents regarding the job. After some months, he called us in last Saturday and said that they don't have funds to pay the team, so they are letting some people go. It will be effective by the next working day. Therefore, there is no need to come to the office for some people.
Even though he didn't clarify the final settlement, he asked them to come on Monday to collect their settled amount and previous month's salary. However, on Monday, he again mentioned the same thing—that he doesn't have funds to clear the pending amount—so come again next week, without providing any certain date.
Concerns and Questions
Due to this unkind behavior towards employees, I have doubts about the situation:
1. Who gave the rights to employers to treat their staff like animals?
2. If the management decided, then why didn't they serve any written notice to the listed person? At least, they would have some time to find another job or other means of livelihood and prepare mentally.
3. The employer is stating that he will pay only until the last working day.
Questions on Employee Rights and Employer Obligations
Now, my questions are:
A. What amount will be the full and final settlement based on rights?
B. Can the terminated employee ask for damages on a monthly basis because he doesn't have any clue regarding the termination?
C. How will the laws help the other current employees to prevent such situations by the same employer?
D. What penalties should be imposed on the employer so that he does not repeat such a shameful act?
Lastly, during the festive season, can our employer escape paying some extra bucks to the fired employees?
I apologize for the long post, but it truly means a lot to the terminated employees.
From India, Noida
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I'm really sorry for the plight of modern-day, educated youth. I share your agony. Such things were happening mostly in the unorganized sector in the past, where uneducated people from the downtrodden society were exploited like this. This trend nowadays has been commonly seen in the IT sector as well. Due to some reason, trade unionism has not taken birth in the IT/ITES sector in the country. It's unfortunate that you people were working in a firm that had never shared any documentary evidence with its employees. This is the sinister design of some entrepreneurs to gain mileage and vanish in a flash unscathed, leaving you innocent workers in the lurch.
At this juncture, what is possible, I could guess, is to gather like-minded colleagues, pool some money, and try to take legal action, including asking the Labour Enforcement Officers and/or police to intervene if that helps.
From India, Bangalore
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1159At this juncture, what is possible, I could guess, is to gather like-minded colleagues, pool some money, and try to take legal action, including asking the Labour Enforcement Officers and/or police to intervene if that helps.
From India, Bangalore
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Part I Employee Action Analyse.doc
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