Case against employeer
Shyampurwala
(Querist) 13 February 2014
This query is : Resolved
Dear All,
I am working in a ltd Company last 4 year . One day in afternoon my boos call to me in HR dept and presser on me wright your resignation without any fault from my side .your are not adjusting in corporate culture saying barbel not in wright en. After 6 month complete I had got confirmation letter with increment & promotion with best employee ward of the year (2) second year I have got increment & promotion. (3) Third year I have got increment & promotion . (4) Four th year I have got increment with company............. Now my question is all these are going quite well than why company exit to me without notice............ Can I go Labour court against to company for this be-heaver.
Regards...
Devajyoti Barman
(Expert) 13 February 2014
Sorry, you can not go to labour court. I believe your salary must be more than Rs.10,000/- or you are not a blue collar worker.
Vidhi Joshi
(Expert) 13 February 2014
look for termination clause in service agreement, see whether any termination notice period is to be provided by employer, if yes, send a legal notice to employer for not providing you with any termination notice.
Advocate. Arunagiri
(Expert) 13 February 2014
What is your nature of job? Are you a supervisor having administrative control over any body?
Advocate. Arunagiri
(Expert) 13 February 2014
What is your nature of job? Are you a supervisor having administrative control over any body?
Shyampurwala
(Querist) 14 February 2014
Dear Experts Barman Ji & Arunagiri Ji,
My post in the company was as a 'deputy manager'. According to appointment latter termination notice period was one month . Notice period pay will be given to me. Written notice has not been given to me. Director , CEO & Immediate boss they all are told me that we will call you after six month. Can I legally submit case as per shop act or not.Resign on 28-1-14 . Time limit to case file as per shop act.
Kumar Doab
(Expert) 14 February 2014
You have posted that:
----“One day in afternoon my boos call to me in HR dept and presser on me wright your resignation without any fault from my side .”
“Resign on 28-1-14 “
You have already submitted resignation about 15 days back. Did you write that resignation is submitted as it was demanded/extracted by Mr/Ms………………..on dated…………………in office? Did you submit notice of resignation or resign with immediate effect?
Has it been accepted?
The companies are known to claim that the acceptance of resignation was informed in office.
If it is not accepted you have the option to withdraw it.
----“your are not adjusting in corporate culture saying barbel not in wright en.”
“I had got confirmation letter “
After confirmation you or company should submit notice of separation (termination) or notice pay in lieu of it as per terms after confirmation of service.
-----“Notice period pay will be given to me. Written notice has not been given to me.’
Since you have resigned no notice needs to be given to you by the company.
Rather if you have resigned with immediate effect company shall be pleased to adjust notice pay in FNF statement and settlement and thus square of your dues. The company may even claim loss due to abrupt termination.
Are you attending office after tendering resignation? If not company may dazzle you by claiming that you have absconded/abstained/absented…………………………..which is misconduct, and may invite termination even if you have resigned.
The employer has the discretion to pay any amounts to you including notice pay even if you have resigned, however due to legal implications it may not.
The employer can also pay Gratuity to you even if you have not stayed in employment for 190/240 days in 5th year, depending upon the establishment works for 5/6 days/week…………………….
-----“Director , CEO & Immediate boss they all are told me that we will call you after six month.”
The FNF dues (wages) should be paid on last day in office, within 3 days or max. by usual pay day.
-----“Can I legally submit case as per shop act or not.’ “
“Time limit to case file as per shop act.’
You are in which state?
Redg. Office/HO/ Corporate office of the company is in which state?
You can withdraw the resignation if it is not accepted.
If you wish to claim the resignation was extracted by force from you, then onus of providing evidence of it lies upon you. It is certain that company shall scream that you have resigned by your free will.
If you are not ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act’ the time limit for recovery of dues may be 3 years.
Designation and wages do not decide employee is covered or not.
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you are covered.
What was the need to oblige the Boss/HR/CEO by offering resignation on the spot?
You could have taken some time.
ON the same day in the evening you could have consulted your labor consultant/service lawyer, Employees Unions, Trade Unions, elders in the family etc………………………and acted on the most suitable option for you.
you may approach labor consultant/service lawyer AS AP and show job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment and extended to your designation (certified/model), any service agreement/bond/Non Disclosure-Non Solicitation-confidentiality agreement signed by you, HR policy, exit policy, Service rules and regulations, and proceed under the expert advice of your lawyer.
Guest
(Expert) 14 February 2014
One very important information is missing from your post, whether you have actually tendered the resignation on pressure by the HR or not.
The opinion solely depends upon the event actual that has taken place. On labour & service law angle, resignation is the crucial event, not the pressure.
About pressure, you can't prove without any sufficient evidence in your possession, either in the labour court of in the HC.
Rajendra K Goyal
(Expert) 14 February 2014
Agree with the advise of expert PS Dhingra ji. Well advised.
Shyampurwala
(Querist) 14 February 2014
Dear Experts Kumar Ji & Dhingra Ji,
1-On the spot resignation was being accepted by the immediate boss in front of HR DGM.
2-I am Living In Rajasthan .
3-Till dated 14.02.14 FNF payment is not received from the company.
4- Company did not have written proof of misconduct /misbehavior against me.
5- PS Dhingra sir- No tendered by the HR It's by the immediate boss.
6-“Time limit to case file as per Shops and Commercial Establishments Act’
7-Establishment works for 6 days/week. ( DOJ-24.10.09 & exit-28.01.14)
8-If I not write the resignation then may be issue termination letter against me.
Shyampurwala
(Querist) 14 February 2014
Dear goyel sir,
Company did not have written proof of misconduct /misbehavior against me.
Advocate. Arunagiri
(Expert) 14 February 2014
Author, you have not replied to post:-
Are you a supervisor having administrative control over any body?
Shyampurwala
(Querist) 14 February 2014
Dear all experts,
I am happy with my work & company , are given increment & promotion every year than why should I give resignation. Company have mention in FNF termination period pay amt. .... But termination letter has not been issued against me.
Shyampurwala
(Querist) 14 February 2014
Dear sir Arunagiri ji,
Are you a supervisor having administrative control over any body?
No,Sir I was a deputy Manager(Pre-Audit) In the company.
Advocate. Arunagiri
(Expert) 14 February 2014
You can file a complaint before the labour officer for getting your salary and compensation for unlawful termination as per the provisions of law.
Raj Kumar Makkad
(Expert) 14 February 2014
I do endorse the advice of Ld. Dhingra ji.
Devajyoti Barman
(Expert) 15 February 2014
I do not think Deputy manager can raise dispute with Labour Commissioner.
Advocate. Arunagiri
(Expert) 15 February 2014
If you allege that the management had obtained resignation letter by coercion, you have to prove it. You can mention this also in the complaint to the Labour inspector.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
A preliminary legal notice to the company stating that you have been forced to tender your resignation from the company is illegal and that if you are not taken back (re-instated), necessary legal action will be initiated, the reply to your notice by the company will fetch you with the ideas of further action to be taken in this aspect.
