Anil Shukla (Partner) 20 May 2017

Termination by employer

Service Terminated by Employer without giving any reason and have mentioned dues will be settled once company's property is surrender. Company's Laptop along with data is with the Employee what action company can take against the employee( Dues still withholded by company).

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15 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 May 2017

Give a proper notice to employee and collect company's property and pay his dues.

Kumar Doab (FIN) 20 May 2017

You are on which side: Employer or employee.

It matters.

So clarify.

Anil Shukla (Partner) 22 May 2017

Employee side.

PRAMOD BHAWALKAR (SR.VP) 22 May 2017

the employer can lodge a police complaint about the theft of data as well as the company property . You may agitate your case before the legal / union forum , but withholding company property can land you in difficulties .

Kumar Doab (FIN) 22 May 2017

You want to contest termination?

Kumar Doab (FIN) 22 May 2017

Prespecives:

Mr.PRAMOD BHAWALKAR is right.

Submit company property under proper acknowledgment and that it is in working order and all data/functions are in order, nothing has been copied.

Don’t tamper with machine/data.

If possible obtain certification from local IT expert that machine is perfect in order.

The employer may send it to its own IT expert/Lab for report on it, and check if data/functions are in order, nothing has been copied.

Kumar Doab (FIN) 22 May 2017

There are threads at LCI on similar queries and employee have posted that employer have allged that machine was not in order and Data was copied ( theft) and declared to claim damages.

Kumar Doab (FIN) 22 May 2017

You have the option to ask (under proper acknowledgment) to supply Service Certificate, Correct FnF statement, Form16 as per correct FnF statement, Salary slips of all months, PF a/c slips (if appllicable), ESIC Card etc etc …………

Kumar Doab (FIN) 22 May 2017

However before you proceed further discuss with your own local very able counsel of unshakable repute and integrity specializng in labor/service matters………………and also with Employee’s/trade unions leaders and they can help and support you.

YOGESH GOTE 22 May 2017

Hi Sir, From last 13 year i am working in pvt ltd company, they have initiate redeployement letter and same as 2 month notice period, if i have not selected in any process this will be notice period. is it the right way to move old employee, or what should do we.

Kumar Doab (FIN) 22 May 2017

Originally posted by : YOGESH GOTE
	Hi Sir, From last 13 year i am working in pvt ltd company, they have initiate redeployement letter and same as 2 month notice period, if i have not selected in any process this will be notice period. is it the right way to move old employee, or what should do we.

What is this " redeployement letter"?

PRAMOD BHAWALKAR (SR.VP) 22 May 2017

redeployment letter is nothing but a letter of notice to terminate the contract and allow the employee time to seek a fresh employment . During this period the employee may be paid and he can claim that he is still in the employment .