Not paying salary and fired. what to do ? i am very disturb

Kindly provide a few details.

1. You have received a termination letter or not? If yes what is the reason stated in your termination letter?

2. If termination letter is not supplied to you then have you resigned, and if yes have you submitted notice of resignation or immediate resignation?

3. If you have not resigned or if you have not been terminated then have you stopped going to office mere on verbal orders? If yes who has issued verbal orders? If you have stopped attending office mere on verbal orders has the company issued any communication to you declaring you absconding?

4. How many employees have met with this fate? Are they willing to protest?

5. Have you submitted any written communication to company post your separation?

6. Has the company announced its intent to close down the software arm in writing, by circular or on their website? Has the company declared bankruptcy?

7. How was the salary paid to employees e.g. by cheque/DD or by bank transfer in salary a/c?

8. Which company has issued appointment letter, parent company or software Arm Company?

9. Has the company terminated the senior management as well including HR team, Directors etc?

Dear Kumar,

Please find the answers inline:

1. You have received a termination letter or not? If yes what is the reason stated in your termination letter?

Yes, with no reson mentioned

2. If termination letter is not supplied to you then have you resigned, and if yes have you submitted notice of resignation or immediate resignation? N/a

3. If you have not resigned or if you have not been terminated then have you stopped going to office mere on verbal orders? If yes who has issued verbal orders? If you have stopped attending office mere on verbal orders has the company issued any communication to you declaring you absconding?

Written letter was provided so stopped going as they didn't allow to enter into office.

4. How many employees have met with this fate? Are they willing to protest?

Only 2, My self and an other person who was Project Manager. Yes willing to protest

5. Have you submitted any written communication to company post your separation?

Yes i have clearly mentioned in reply to my termination email that company need to provide 3 months written notice or 3 months salary as clearly mentioned on agreement. As our agreement/appointment letter was on 50rs stamp paper.

6. Has the company announced its intent to close down the software arm in writing, by circular or on their website? Has the company declared bankruptcy?

No, Infact i was an employee of Parent company not software arm according to appointment letter.

7. How was the salary paid to employees e.g. by cheque/DD or by bank transfer in salary a/c?

Salary transferred to salary a/c

8. Which company has issued appointment letter, parent company or software Arm Company?

Parent company

9. Has the company terminated the senior management as well including HR team, Directors etc?

No

Also if you need more info, please feel free to ask the same

Waitng for your valuable advice/suggestions.

Regards,

Rajiv

It is believed that you have not signed any service agreement with the company and company has not issued any kind of show cause notice to you and has not charged you on any count. Termination is a process and usually professional companies shall issue a set of communications to build ground. Such communications and signals might be issued by line management; HR. Employee should be smart enough to read between the lines.

In your appointment letter company might have stated that services can be terminated without assigning any reason. If you wish you may post the appointment letter and you may remove the names etc.

From your post it appears that you have not and you do not want to challenge the termination order and you have demanded notice pay. Usually in case of termination order companies enclose notice pay instrument with termination order and mention the detail of cheque/DD in the termination order and advice other status. Kindly study the enclosures. Company should supply the payments to the employee in 2 days.

You can submit a gentle representation by a letter thru redg/speed post addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary, and request the good offices to intervene and supply you, payment towards 3 months notice pay @ CTC ( as described in your appointment letter) as per clause number ..............expressed in your appointment letter dated................issued to you, settlement of your full a/c and payment of your dues, FNF statement, work experience/service certificate, form 16,PF accumulation reports and withdrawal/transfer forms, NOC/NDC, relieving letter  etc., by registered post/speed post so as to reach you in next 7 days.

If the good offices do not provide relief then you have exhausted this option and you can issue notice/legal notice. Your lawyer shall help you to decide the appropriate forum after examining your appointment letter nature of duties etc i.e. labor court or civil court.

If your decision is to challenge the termination order and you feel that you have enough record and data and grounds you could have demanded that termination order be withdrawn being illegal and could have asked to examine your personnel file kept with the company. Litigation can take time. If company has been unfair with the employee, employee can get relief, and litigation can be rewarding.

Another option is you can seek appointment with line management/HR and ask them to withdraw the termination order and you can submit a backdated notice of resignation, which company can accept and wave off notice pay. Company might agree to extend notice period till you get alternate employment and might issue you work experience certificate by removing termination. You need to apply your negotiation, persuasion, persistence skills. It is a win- win situation since company shall want to avoid litigation and its expenses and burden of its outcome and employee can also move on without any blot and stigma.

Employee should be smart and tactful while handling such situations and turn the events in his favor without suffering emotional and financial burden and resorting to emotional outbursts. Companies do not marry the employees and employees should not marry the company. You should invest quality time and effort in forming employee union/IC/communities etc and help each other. In your trade and sector it has become need of hour. HR and companies do not think twice in removing employee at a higher package and replace with new employee at lower package until or unless the old employee is exceptionally good. Cost and profit matters and therefore there are paid employees in each company for evaluating cost and profit whom to remove and whom to recruit and how. No one is indispensable.

Kindly take a qualified decision.

Thanks Sir.

I don't have any problem with termination order.
 They can do it anytime, but apointment letter says for termination either party need to provide 3 months prior notice or 3 months salary.

I think i should send a legal notice via a lawyer.

Thanks,

Rajiv

You have posted that the termination order supplied to you is by email.It is believed hard copy is still not supplied to you.

You can submit a representation by a letter thru redg/speed post addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary, and mention that subsequent to email dated ...........you have not received hard copy and ask the good offices to intervene and supply you, payment towards 3 months notice pay @ CTC ( as described in your appointment letter) as per clause number ..............expressed in your appointment letter dated................issued to you, settlement of your full a/c and payment of your dues, FNF statement, work experience/service certificate, form 16,PF accumulation reports and withdrawal/transfer forms, NOC/NDC, relieving letter  etc., by registered post/speed post so as to reach you in next 7 days.

You may get the hard copy and notice pay.If the good offices do not provide relief then you have exhausted this option and you can issue notice/legal notice.

I really thank you for providing valuable advice and writing so much for helping me.

I will do the same. I hope Compnay do the FNF as per agreement done during appointment.

Once again thank you.

Regards,

Rajiv
 

Please go through sec 33 C (2) of I D Act.

Learned Mr. Vijayarajan has given valuable advice. Kindly follow it.

If you represent your case yourself company shall have to represent thru an employee and can not send a lawyer. It shall be however appropriate to avail the expert counsel of competent service lawyer/labor consultant and proceed to labor court under expert guidance. Your lawyer/counsel shall send structured communications to the company and if required to conciliation officer/labor court.

The company as per your post has not issued you any adverse comments so far in any of communications and has not conducted any enquiry etc and thus it is in your favor.

Kindly post the developments in the forum. It shall be useful and helpful to many who visit the forum, and help your colleague as well who is facing the same situation, and all other near and dear ones and create awareness.

Hi All,

I was employed with Emtex a delhi based trading company promoted by IItians and  i was wokring there for last 4.5 months but after 1.5 months they have started harrasing me  and recently they have taken this to hight that i had to resign as they hold my salry for August month for pressurising me to resign. when working for good 15 days in Sept., i resigned to get me salary for august month . But now they are denying for the salary for 15 days in sept. i am attaching the mail correspondence copy for your reference. they are challengin me that you get your salary by taking legal action against them. Please tell me what to do. I am jobless, i haverent and other emis and liabiltiies to pay though i have started my own work now but needed this 15 days salry to survive for this month from next month onwards it will be smooth. What legal action can be taken against them and what is the proceess and how long it will go.I trust Indian jusidary but some people are very confident abaout the loopholes.