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Peush Khattar (JOB)     22 June 2016

Terminate without notice

Dear sir i m working with pvt ltd company but  yesterday company mail to me (Due to certain administrative reasons, your services are no more required by the company.
 
Therefore, you stands relieved from the services of the company with effect from closing hours of 30th June, 2016.)  sir now pls help me what i do. there is no appointment letter is issued by company.but i have UAN NO and Offer Letter.i m working with company last 1 year.company has not give me any Notice and pressurize me to send resignation . 
sir pls reply me



Learning

 4 Replies

P. Venu (Advocate)     23 June 2016

Yes, you could not have been terminated without following the due procedure unless you were on probation.

Kumar Doab (FIN)     23 June 2016

You have posted that:

---" yesterday company mail to me (Due to certain administrative reasons, your services are no more required by the company.
 ......................company has not give me any Notice................... and pressurize me to send resignation . "

The company has sent to you the notice of 8 days on 22nd June, 2016 of  termination of employment w.e.f 30th June,2016. It shall pay you wages upto 30th June,2016, if you work upto 30th June,2016.

If the notice is short as per T&C inserted in offer letter issued to you or enactments that are applicable to you and establishment then establishment has to tender notice pay for shortfall in notice period to you.

The reason has also been narrated in the notice of termination , as posted by you. ( Due to certain administrative reasons, your services are no more required by the company)

 

Did company pressurise you to resign before sending this notice? Or after it? Do you have any irrefutable evidence ( audio/visual/witnessed/minuted)?

 

---The language in the notice may get termed as Retrenchment and may invite compensation.

 

However you may show all employment related docs to a very able counsel specializing in labor-service matters, for a considered opinion. 

Ritesh Maity (Labour Law Advocate)     23 June 2016

Originally posted by : Peush Khattar
Dear sir i m working with pvt ltd company but  yesterday company mail to me (Due to certain administrative reasons, your services are no more required by the company.
 
Therefore, you stands relieved from the services of the company with effect from closing hours of 30th June, 2016.)  sir now pls help me what i do. there is no appointment letter is issued by company.but i have UAN NO and Offer Letter.i m working with company last 1 year.company has not give me any Notice and pressurize me to send resignation . 
sir pls reply me

If you were on probation, then the terms and conditions (related to probation) have to be looked into.

Otherwise, your termination is bad in law and you can easily challenge such termination. The appointment letter is not vital as you can prove your employment with the company with other documents. 

 

Kumar Doab (FIN)     23 June 2016

While posting such queries employee should post full basic information :

e.g;



Have you been issued with appointment letter (  Noted: NO) ? 



You may post the exact extract from offer/appointment letter on termination/resignation/ Lay off/Retrenchment etc,Notice pay in lieu of notice period,  payment of wages etc.

What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cash/cheque/in bank a/c ?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state ?


What is this establishment; Commercial/Industrial ( E.g; Telecom vendor)?



Does it have Certified/Model standing orders and does it apply to your designation? {  If yes confirm it is (Model/certified)}. 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?


Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance ( Noted; Notice of termination issued) , PF a/c number and a/c slips ( Noted; UAN number is with you)  , FnF statement, ESIC card,Form16, service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc?


You have worked for how many months ?


How many persons are employed in it currently and what was max. no. at any time?
 

Has your FnF been settled by old company OR FnF statement issued?
Were you asked to handover chanrge/assets by old company?
 
Did you write to appointing authority,MD, under proper acknowledgment about issues that you have been facing?
 
You should preferably respond to the termiantion notice before LWD issued by company.
 
 
 
 

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