SUKHBEER 26 August 2016

TERMINATE A EMPLOYEE

Hi sir, My self SUKHBEER and u have been working in premier restaurant Pvt Ltd.in elante mall Chandigarh for last three year.company was not given me any offer letter at the time of joining. But now I got a good opportunity in new restaurant after so I want to leav the current job.when I gave my resignation to my manager they denied to accept it and next day when I came on the shift they terminate me without any prior notice.when I told them I am agree to give u full one month of notice period.but they didn't listen me and told me return the uniform and go at home no need to come again here.then I came back at my home.but after few days I visited that restaurant where I used to work for my experience letter they gave me my experience letter apart from that they gave me a form of NO DUES FORM and they get it signed by me.after that when I told them sir will I get all my dues like SERVICE CHARGE MY SALARY???? They clearly told me we will not give u anything because u give a resignation immediately effect so we can't give to u anything dues. EVEN THEY DIDN'T GIVE ME ANY OFFER LETTER AT THE TIMING OF JOINING. So plz sir u suggest me what should I do in this matter..coz on the whole approx my 25000 RS is stuck in that company. PLZ SUGGEST ME.

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6 Replies

Kumar Doab (FIN) 26 August 2016

They did not accept your resignation!

Did they collect the copy of resignation from you?

Did they termiante you in writing?

SUKHBEER 26 August 2016

Sir when I present my resignation with the notice period of 1 month to managers that time they denied to accept it..lekin jab me next day ani shift par gaya to unhone muje bola Ki ap apni uniform return kr do aur ghar jao.fir muje ek resignation letter diya jis par likha thha Ki " me the job immediately chhodna chahta hu coz muje ek good opportunity mil gyi h."fir mene us pr signature KARKE wapis kr diya..aur unhone apne pass rakh liya..uske baad unhone muje ek letter aur print KARKE diya jis pr likha thha Ki" management me muje mera pura dues pay kr diya h" aur us pr bhi signature karwake apne ass rakh liya h. Lekin ab meri management muje mera naa to Service charge diya h aur naa hi meri salary de rhe h. Sir unhone muje TERMINATION ka letter written me nhi diya h.they just give only my resignation letter and NO DUES FORM with the signed.and kept the copy of both of these with them. Sir plzz suggest me what should I do. Coz I want my full dues.

SUKHBEER 27 August 2016

Sir no appointment letter,no confirmation letter company provide me. But when I left the company they are asking for 1 month notice period.so is it legally or not. Coz I left the job.and the company is not giving my all dues. Even I gave them immediately resignation with signature. Plzz help me...and suggest me what should I do..

kameswarao S (Head HR) 27 August 2016

Sukhbeer - you have signed on all the papers like receipt of your dues ie., full and final settlment amount & a letter asking to relieve me immediately, that is the end of your association with that company. After signing of all these papers you are asking for help.

One clarification required is that your salary is credited to bank or they used to pay cash is so they used to take your signature on any voucher or wage register, if you are able to clarify then some thing can be done. If I am not wrong they might have obtained signature from you for the salary / disbursement of full & final settlement.

If you are confident of not signing & any record related to your termination etc., are available by chance then you can approach a legal consultant and take it forward. However I opine that chances are very very minimal.

Kumar Doab (FIN) 27 August 2016

This is offence, coercion,intimidation,fraud etc etc...........

Seasoned Employe's/Trade Union leaders and a counsel well versed with criminal, civil,labor laws woud know how to handle such situation.

Aproach them.

Have confidence that your counsels can handle such indivisuals and establishments.

SUKHBEER 27 August 2016

Sir.. Ye jab b muje salary ya service charge (incentive) dete thhe..to ye directly mere account me transfer krte thhe. So sir as per their no DUES from..agr ye muje mera saara dues clear karte h to.. obviously mere account me transfer karenge..but abi inke pass esa koi proof nahi h payment related (like Salary slip,incentive slip) current time Ki Jo Ki mere account me transfer hoti h..Inhone sirf mujse no dues form signed karwaya h..bas baaki mera abi tk koi due nahi diya h..jis pr mere sign ho like wages register ya fir payment cheque etc. Kindly suggest me. Even mene manager Ki call recording b save kr li h jisme ye clearly bol rhe h Ki immediately effect pr kuch b nhi milta.. Sir.. please suggest me.. because m not a single employee...esa bahut se employees k sath hua h..lekin wo chupchap chale jaaye h..but sir mene mehnat Ki h to me apni mehnat ka lena chahta hu