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Sreejith (Developer)     17 August 2012

Payment and documents issue

Hello EveryOne,

          I was working for an IT firm as a Developer from the past one year.And i had given the resignation letter to the firm two months before as i was suppose to give  notification period of two months.But recently i took a leave on the Occassion of Raksha bandan.And the company terminated me for doing so.First he said he is going to settle the payment and issue me all the certificate within 15th of this month,but today when i went  to collect my salary he told that he is gonna pay me on next 15th ie (15th september) and he wont be giving me any payslip or certificates.

Please Suggest me what should i do as i am not aware of labour rights.

Thanks in Advance

Sreejith



Learning

 5 Replies

Kumar Doab (FIN)     17 August 2012

Did you submit notice of resignation, leave application in writing and do you have any acknowledgment?

Has the employer terminated your service in writing? Has the employer mentioned any reason of termination in the termination order?

The conduct of employer is bad and perturbing.

You are contemplating to contest the termination order or obtain payment of full and final settlement, FNF statement, service certificate, form 16,PF number/account slips, NOC/NDC, etc?

You may first of all submit a gentle representation in writing under acknowledgment addressed to your appointing authority, MD, Chairman, and narrate the total incidents and conclude that order of termination is bad and you have done nothing wrong by submitting leave application on the auspicious occasion of Raksha bandan and this should not have resulted into termination of service and now even after termination  you are being tormented by stating that no service certificate, and FNF statement,  full and final settlement, service certificate, form 16,PF number/account slips, NOC/NDC, etc shall be issued and supplied to you?

Let elders in the family, competent and experienced well wishers, lawyer draft and structure your letters so as to build some favorable record for you.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

You may refer to SE act applicable to your state and approach Inspector/ALC. You are located in which state.

It shall be appropriate to show all documents to a competent and experienced service lawyer and proceed under expert advice.

1 Like

Sreejith (Developer)     18 August 2012

Sir,

I did submit the resignation before two months as i was suppose to give the company notice period.And i was about to complete that period.Yes i got the termination notice through mail.He did mention that  "The company hereby terminates you from your assignment with the company as per the negligence to work clause of your appointment".

I am not thinking to contest the termination order,i just want to obtain full Payment and service certificates.Thank you for the guidance.

Thanks


 

Sreejith (Developer)     18 August 2012

Sir,

I did submit the resignation before two months as i was suppose to give the company notice period.And i was about to complete that period.Yes i got the termination notice through mail.He did mention that  "The company hereby terminates you from your assignment with the company as per the negligence to work clause of your appointment".

I am not thinking to contest the termination order,i just want to obtain full Payment and service certificates.Thank you for the guidance.

Thanks

Kumar Doab (FIN)     18 August 2012

You have posted that;

--"Yes i got the termination notice through mail. He did mention that  "The company hereby terminates you from your assignment with the company as per the negligence to work clause of your appointment"

The company or its Director whosoever has the communiqué for termination of your service has leveled a charge. It might be mentioned in your appointment letter or printed company policy { employee policy which is circulated to all employees , or employer policy which might be circulated to HR} , employee rule book, HR policy, standing orders of the company that if service is terminated due to charge of ............the salary and service certificate shall not be provided.

However such a policy shall be bad. Company should grant an opportunity and natural justice by sending a notice/show cause notice and let employee explain and reply.

--“ I am not thinking to contest the termination order,i just want to obtain full Payment and service certificates. “

It is felt until you reply to the email and explain successfully that there was no negligence to work caused by you, you may not succeed in getting the desired full Payment and service certificates.

Moreover it seems that company has not supplied any hard copy of the termination order and acknowledgment of notice to you. You should submit a gentle reply to the email. This director may relent by settling you’re a/c and provide service certificate.

Let elders in the family, competent and experienced well wishers, lawyer draft and structure your letters so as to build some favorable record for you.

If nothing works you shall have to approach an authority. You may  proceed as deemed fit at your end. 

 

M.S.R.Murty ( Manager (Admn))     20 August 2012

Dear  Sreejit,

Appointment letter or terms of offer letter which knowledged by you at the time of Appointment is more important than any other.  As per terms of Appointment Order  if still you are continuing in Probation, the Employer had so many rights.

With out proper intimation or enquiry, then and there the Employer can not use clauses of negligency clause in Appointment order.  You may approach Advocate for fruitful results.

 


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