Fired without warning and termination letter
Mohd Salman
(Querist) 01 September 2016
This query is : Resolved
Hi, I was one fine day called by HR of Software company and told that I must either resign or they'll terminate me. I chooses not to resign, so they showed me the exit and blocked my access to the building stating that they can't do anything. Now my question is that , till date I did not receive any official termination letter stating any reason for termination. Can I sue them based on this that they did not even sent me or tell me the reason for termination???
Kappil Cchandna
(Expert) 01 September 2016
Sir ,
Yes you can send them a legal notice and seek compensation for the harassment caused ....
Warm Regards
Kapil Chandna Advocate
9899011450
Raj Kumar Makkad
(Expert) 01 September 2016
What are the terms of the appointment executed between both of you?
If there is term that the notice period salary shall have to be given by either of the sides then company is bound to pay that otherwise there is no such ground to initiate any action against the company.
Kumar Doab
(Expert) 01 September 2016
Did you write to good offices of appointing authority under proper acknowledgment, that on dated............your entry in office, workstation was blocked and since then you are at your address...................that is in company records and matter is in the knowledge of Mr/Ms................?
Did you contact the IT/ITeS employee's /Trade Unions that have done good job for employee's of your trade?
Are you aware that the employee's of your trade are office bearers of unions?
Are you aware that that many states have notified to form 'Grievance Redressal Committee' and matters of termination have to be sent to the committee/
Are you aware that that many states have notified and made it mandatory to send copy of termination order to Inspectorate of Dept. of Labor?
Are you aware that Dept. of Labor has awarded big compensations to employee's in your trade?
Are you aware that Labor Courts have accepted software personnel as 'Workman'?
Are you aware that such conduct can be termed 'Demand of resignation', Forced resignation, coercion, intimidation and is offence?
Are you aware that it can set the course for 'Retrenchment compensation' as well?
Are you aware that that in many states even the big giants in your trade, have to swallow their termination orders issued by them and take back the terminated employees (verbally/in writing) with full honors?
Are you aware that the companies in your trade are given many relaxations/incentives and MNC's can not give up the quantum of business 'Republic of India' has?
Are you aware that the companies in your trade can not leave 'Republic of India' as the cost of work/employment is lowest and expertise and talent is cheapest?
Kumar Doab
(Expert) 01 September 2016
Employees that are ill informed, ignorant are exploited and humiliated and harassed.
Rajendra K Goyal
(Expert) 01 September 2016
They have not terminated you in writing, write them and claim your pay for this period, they may complete formalities.
Kumar Doab
(Expert) 01 September 2016
The unions leaders are well informed and know precise ways to drill sens into the heads.
Kumar Doab
(Expert) 01 September 2016
The unions do retain counsels for their matters and the such counsels are well informed e.g; if the matter is your industry and finer nuances of your industry.................
And labor/service matters.
Approach a very able counsel and take elders of your family with you.
Kumar Doab
(Expert) 01 September 2016
If you oblige the employer or its attorney's in Line Managers/HR personnel/Legal cell etc.................by offering your resignation on platter........... it is one of the possibilities that adverse nothings in your personnel file shall never be removed and it may affect your BGV/reference check for employment in India or abroad.
Defend your interest and employ-ability and remuneration in the best possible manner.
Kumar Doab
(Expert) 01 September 2016
Have you registered for NSR and shared PIN with HR/employer/anyone?
H.M.Patnaik
(Expert) 01 September 2016
If there is any violation of the terms of appointment contract as regards Termination of service in a covered establishment, you have to approach the concerned Labour office and connected statutory authorities for redressal of your grievances.
Mohd Salman
(Querist) 02 September 2016
See, I was never given a formal termination letter, they just asked not to come by tomorrow, so what do I do now?
H.M.Patnaik
(Expert) 02 September 2016
Dear Salman,
Unless there is a documentary proof , it will be difficult to seek redressal of any such grievance. So, in my opinion , you should write to the HR or any other competent authority of your company seeking reasons of debarring you from attending your duties .In case your registered letter is not responded to within a reasonable period , say one week, legal recourse can be planned with assistance of an local lawyer.
Kumar Doab
(Expert) 02 September 2016
1. Is this HR person competent and authorized by employer/Board,to prohibit you from entering your workplace and be at workstation to perform your duty as per contract of employment with employer?
If NO; it is transgression.
If Yes: why and on what grounds?
2. After calling the employee and draconian statement why this HR person has not supplied a speaking order?
3. Do you want termination order?
Why should any employee get terminated like that?
Why should any employee affect his employ-ability like that?
Since this HR person has maintained a studied silence, you can act to defend your interest.
Even if there is no speaking order the notes/notings might have been inserted in your personnel file with comments that say; employee informed in office.
It is usually written so that employee initiates the communication trail.
5. You may approach your employee's unions/trade unions, and a very able counsel specializing in Labor/Service matters to defend your interest.
Your counsel can help to structure your representations.
The unions can render unshakable support.
The lawful authority can be approached for penultimate action against this HR person and employer/establishment.
Employer might be personally held responsible for violations.
Rajendra K Goyal
(Expert) 02 September 2016
You can proceed as advised by the expert Kumar Doab.
Raj Kumar Makkad
(Expert) 05 September 2016
If you come within the category of workman then you even need not to get any documentay evidence in support of your termination. In that case just raise Demand Notice as per provisions of ID Act 1947 and move ahead as per guidance of your lawyer.
Kumar Doab
(Expert) 06 September 2016
Usually such tactics is make the employee tender resignation with immediate effect.
In such case the FnF dues are squared off by notice pay.
The employee would never know what is inserted in personnel file. It can be termination.
It can be detrimental to interest of employee.
Kumar Doab
(Expert) 06 September 2016
Another perspective is that:
Employee may write to the HR person (that asked not to come to office from tomorrow) that he/she on dated..................stated .........so and employee is at the address...........and should be marked present on each day and salary slips, and salary be supplied at the address.............
The issue is in such case the HR person may be asked to process formal speaking order of termination.
Kumar Doab
(Expert) 06 September 2016
If you want to raise industrial dispute, you can.
It is suggested that let your able counsel opine and advise you, after examining your inputs and docs and exact reason for instant and verbal termination that you have not disclosed so far in this thread.
