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pt (swlf)     03 May 2011

Employer Unfair Behaviour

 

Hi, 

I was working with a training institute and I was told verbally that I can do some work on my own also which is not related to my company business but later the company entered into this business and now fired me saying that I was working on my own during employment with them. Actually I was supposed to get 10% Bonus of my annual salary if I complete one year but they terminated me(verbally) just 6 days before I complete   1 year....Also in my employment contract its written that either party has to give 2 months notice or salary to end association.... What options do I have?. I will greatly appreciate if you can just guide me..

Thanks

pnkaj



Learning

 4 Replies

Kumar Doab (FIN)     03 May 2011

Verbal termination has no meaning.You may continue to attend office ,mark attendance, apply for leave and somehow manage to complete one year.You may show your appointment letter, leave policy to your service lawyer/law firm and act under advice.

Verbal communication has no standing. Even if any one tells you to be in other business while under employment, it is a matter of dual employment/violation of employment contract.

Whosoever has stated this to you shall not confirm in writing.

Company also shall have to prove that you were in business.

You may work out a compromise and stop the business and continue with employment.

You may decide your future plans and act accordingly.

pt (swlf)     03 May 2011

Thanks Mr. Kumar,

But its a small office and they don't allow me to enter...no point in going to office now..... I also asked them for a written letter but they didn't reply and I don't know they want to pay me 2 months salary in lieu of not giving notice and the due bonus........... Even if they say prove that I was approaching potential customers then can they not be liable to pay me anything??? Am I messed badly?

I feel bad about it, and mainly its very unfair on their part as they only encouraged me to freelance earlier...... I am confused how to settle this...

pt (swlf)     03 May 2011

Also how serious is the offence of freelancing when in Job....but the business area is different.....Only sending proposal on freelance sites count for serious offence? What can be the penalty?... I am from India.

Kumar Doab (FIN)     04 May 2011

You may show your appointment letter to your service lawyer/law firm, this small firm may have mentioned that you can not enter into any earning and competitive activity.

If they stopped you from entering office/your work place yu can submit a written representation to your appointing authority, MD,Company secretary expressing the events and the command  to give up   your employment.

However you may seek legal adice and let your counsel structure the communications for you.

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