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Abheet   02 May 2016

Legal advice needed urgently

I worked with MNC for the last 2 year and I was one of their best employees. The company is into email marketing and they send billions of mails on daily basis. they have their own database. I was also doing the same but i dont know last month what came into my mind that i misused the data and sent it to 30,000 users for my personal gain and I am sorry for that, which they have caught now.  I have provided all the accounts' snapshots and everything stating that I did not even earn a penny from what I have done. Its all clear in the snapshots. I thought they will give me at least a warning but they have made me write an apology letter and write everything whatever happened. I did it and even signed a Show cause notice, expecting them to give me a termination letter and letting me go.

But they with-held my salary and again calling for investigation. 

Please suggest if I can ask for a relieving letter too considering the 2 years of honest work I have done. I think they should show some mercy and dont write-off my 2 years of hard work because of 1 mistake I did.

Thanks.



Learning

 13 Replies

Kumar Doab (FIN)     02 May 2016

You have already signed apology and recived SCN.

You are likely to face discplinary action and possibly damages shall be claimed.

You may ASAP show the apology,SCN to an able counsel specializing in labor-service matters and reply to SCN.

You may not get relieving letter.

You may get service certificate.

 

 

Gaurav   02 May 2016

Hi,

I am working in an MNC currently from past two months. Recently I have received a better opportunity in another MNC, but I need to join them early. In this situation, I need to take an immidiate exit from the current company. Can I exit without serving the notice period, which is of 3 months. Also I do not need any type of letter(RAL or Experience letter) from the current comapny since the new MNC is ready to take me with my previous employer's experience, do I still need to pay the amount for not serving the Notice Period??

Will my current company be in a position to put up a case of "Dual Employment against me??"

Thanks in advance.

 

Ritesh Maity (Labour Law Advocate)     03 May 2016

Give your resignation letter and offer them to pay three month's notice pay in lieu of notice period. 

Abhishek   03 May 2016

Hi,

I am currently working in an MNC and simultaneously starting a new venture which is registered on my name. Firstly, we got the registration certificate on 25th April. We are in a progress of searching for a project as we still need to have PAN, TAN and Current account. Would this step be conflicting with the current employer if in case they get to know am starting something new? If yes, what would be the impact?

Abheet   03 May 2016

Originally posted by : Kumar Doab
You have already signed apology and recived SCN.

You are likely to face discplinary action and possibly damages shall be claimed.

You may ASAP show the apology,SCN to an able counsel specializing in labor-service matters and reply to SCN.

You may not get relieving letter.

You may get service certificate.

 

 

Thank you for the reply. I replied to SCN.

Update is - I have got a termination letter stating everything in detail which I cannot show to any future employer. plus they have also included that they might go legally determing the damages. In my calculation, damage is worth 40-50 euros...

What worse they can do? Please suggest.

Kumar Doab (FIN)     03 May 2016

@ Abheet,

The question is not that "What worse they can do? "

The point is what right that you can do!

You may ASAP show all dcos to an able counsel specializing in labor-service matters, and proceed further under expert advise.

YOur counsel can defend your interest and bring you out of the mess.

Kumar Doab (FIN)     03 May 2016

@ Gaurav,

The notice period of 90 days may not be neccesarily applicable in your case, even if it is inserted in appointment letter.

 

 

>>> While initiating such threads querist/employee should post full facts e.g;

What is this establishment; Commercial/Industrial?


What is its line of business?


What was your designation and nature of duties as in appointment letter and in practise?

Are you under probation period or confimed?

Does standing orders (Model/standing) apply to establishment and your designation and do you have the copy?


You were located in which state?


The Redg.,reporting,HO was in which state?

What was last drawn salary?

Are you a member of employee's/trade unions?

 

Does the company have an office at your future location?


The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case  should be posted.

 

>>> You may avoid proceeding on your own, and show all record and give inputs to an able counsel specializing in labor-service matters and understand the merits and options.

 

 

>>> Have you cosulted a counel?

 

Kumar Doab (FIN)     03 May 2016

@ Abhishek,

The answer lies in service conditions/service rules and regulations/conduct and discipline rules/appointment letter etc issued to you.

The employee can at any point of time decide to separate for any reason including to start his/her own enterprise. However you have to remain extra careful to not ot violate the service conditions and cause any loss during employment.

 

You may avoid proceeding on your own, and show all record and give inputs to an able counsel specializing in labor-service matters, and build irrefutable written record so as to defend your long term interest.

 

shaiksurajmasthan   03 May 2016

Dear Sir, i am working for a pvt ltd company from 3.8 years, last week they have told they are dicontinuing production operations and they would run as wear house.  They have given option to all employess to transfer other locations. I have also stated i would transfer to one of the location. but  they are asking me to resign by giving one month notice. kindly advice what should i do. they are forcing me to resign.

Kumar Doab (FIN)     03 May 2016

Have they communicated in wriing that 'Production is stopped................option to transfer to all employees (including you)...............and you may resign by 30days notice'

Have you minuted the meeting and  communicated in wriing that ' i would transfer to one of the location'?

Have you recorded (audio/visual/witnessed/minuted) that they are complelling/forcing you to resign?

In future if required, the irrefutable evidence alone shall help you.

 

What was our designation and nature of duties?

 

YOu may also post reply pointwise to all points mentioned for gaurav.

Kumar Doab (FIN)     03 May 2016

shaiksurajmasthan

Query also posted at:

 

https://www.lawyersclubindia.com/forum/Forced-to-resign-with-out-any-reason-136600.asp#.VyiKK9J97IU

 

compliance   05 May 2016

why dont you contact to best lawyer.

compliance   26 May 2016

In this case you need a legal advisor.


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