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Shashwat Krishn (Ratings Analyst)     27 August 2013

Termination from the job

I work for a small software company in Luckhnow and was working there for past 10 months. Few days before,  I took the leave and went home, but due to emergency, I have to take additional one day leave. When I reached at office, the manager started shouting and so I told her that I am quitting the job and asked for my relieving, experience letter and Pay slip. The manager(co-owner) of the company agrees on the same. This was the verbal communication that we had. Since then we had email conversation as the owner(co-owner) of the company is not picking my phone. In the email conversation that we had she explicitly mentioned that I have been terminated from the company. Now they are not ready to give me any experience letter, no payslip and no relieving letter.

Please suggest me on the steps that I can take against the company. I strongly believe that even if I talk politely and request them for the documents, my efforts will go in vain. I am expecting some legal advices from you all.      Also please enlight me on the consequences the company might face on these issues and please refer me to any documents which comprehensively covers laws related to such situations.



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 4 Replies

Kumar Doab (FIN)     27 August 2013

A similar thread is available at:

https://www.lawyersclubindia.com/forum/Not-giving-pay-slip-experience-and-pre-leave-certificate-87112.asp#.UhzFndKAqWM

You may find it relevant.

>>>>>> Pay Slip: The issuance of pay slip is well defined in:

-Minimum Wages Central Rules:

-THE PAYMENT OF WAGES ACT, 1936 :13A :Maintenance of registers and records.

 

>>>> Service Certificate:

Model Standing Orders:16: Certificate on termination of service.

You may also go thru clause 14, 15, 17, 18…………….

 

 

>>>>> Software companies are covered under Shops and Establishments Act.

Since company has terminated the employment it has to tender notice pay.

It is not clear that if the termination is effected by leveling some charge. If some charge is leveled then opportunity of hearing, natural justice should have been granted.

 

U.P. Dookan aur Vanijya Adhisthan Adhiniyam, 1962

CHAPTER IV: WAGE DEDUCTIONS AND NOTICES OF DISCHARGE

19.  Discharge of employee by his employer.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—

(a) the post held by him has been retrenched; or

(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment:

Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.

Nothing in sub-section (1) shall apply to dismissal for misconduct.

 

You may also go thru:

11, 15, 18 {18(b) in particular}, 19, Form CC (which is itself is full record), Form G,

 

You should approach your lawyer.

 

It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the expert advice of your lawyer. Let your lawyer ask you a set of structured questions and opine whether employee would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!

Your lawyer that has seen all of your docs and has analyzed your inputs can advice you best.

Legal notice by the lawyer helps to drill sense into the heads.

Seasoned Trade Union leaders can also be approached.

 

If there are acquaintances that are apt at arbitration, mediation, reconciliation, negotiation they may succeed to get you relief.

There are lawyers that are expert arbitrators and succeed to get relief for their clients.

There are many threads you may find relevant e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=2#.UfpLxtKAqWM

 

https://www.lawyersclubindia.com/forum/Denied-of-employment-experience-letter-87039.asp#.UhhfaNKAqWM

https://www.lawyersclubindia.com/forum/Ites-bpo-companies-category-86982.asp#.Uhhf29KAqWM

https://www.lawyersclubindia.com/forum/Wrong-termination-and-forcing-for-resignation-85949.asp#.UhhgytKAqWM

 

 


Attached File : 501508262 up se act.doc downloaded: 81 times

Shashwat Krishn (Ratings Analyst)     27 August 2013

Thanks a lot for the much needed input. For filing the case, hiring a lawyer and then have to keep visiting the court again and again. These all activities will cost me a lot. Can these be reimbursed to me by my previous employer if in case I win the case.

Kumar Doab (FIN)     27 August 2013

The various options have been pointed out. Give an opportunity by notice. In Many cases notice is sufficient to prevail the sense. Notice by Inspectors under posted enactments may also resolve. Your lawyer can update you on rest. You may proceed as suitable to you.

Sudhir Kumar, Advocate (Advocate)     28 August 2013

well elaborated by Mr Kumar Doab


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