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Jobin   25 January 2017

Terminated from the job without giving notice

Hi Team,

I have been working with one company from past 2 years 3 months,suddenly one day I have got a call from my employer saying that our contract has been terminated from the client so tomorrow is your last working day,so i have asked him what about notice period or is that i am eligible for any compensation ??,he replied that we don't have anything like that and he told me to quit the job within a day,in the offer letter which i have received from the employer they have mentioned 2 months notice but it seems they are not allowing me serve the notice and forcing me to quit in a day.there is no formal communication about my last date only verbal communication i had from my employer,please suggest me how to proceed with this issue or is there any way where i can file a case against this employer,please help me. 

Best Regards

Jobin M A 



Learning

 7 Replies

Kumar Doab (FIN)     25 January 2017

Don't hurry to submit resignation.

 

Visit office and record announcement of closure,demand of resigantion or termination (audio/visual/witnessed/minuted).

If you are not allowed to enter, record.

You are eligible to get min of notice pay and may  be eligible for retrenchment compensation.

 

Kumar Doab (FIN)     25 January 2017

What is this establishment: Commercial,Industrial?

 

What was your designation and nature of duties?

Did you have any powers to sanction leave/increment/appoint/terminate/appraise etc?


How many persons were reporting to you?


You were in which state?
 

Jobin   25 January 2017

i do not have any recordings as of now,i sent a mail seeking for my exit confirmation from my HR team,will it help for going further.

 

Jobin   25 January 2017

I am working as system administrator,No i was not having any authority to do above mebtioned activities,

 State :Karnataka

 City:Bangalore 

Best Regards

Jobin m a

Kumar Doab (FIN)     25 January 2017

You have posted that:

"i sent a mail seeking for my exit confirmation from my HR team,"

 

What is written by you in this email?

If it is resigantion with immediate effect then it might be accepted and employer may square off dues with notice pay.

 

 

Ritesh Maity (Labour Law Advocate)     26 January 2017

There are two methods of cessation of employee employer relations - 1> termination by employer 2> volunatary resigntaion by employee.

There is no legal value of "ask to leave" policy. 

If company terminates your service from the next day, you can surely challenge such termination. Not only notice pay of 2 months as mentioned in your appointment letter, but you may be entitled to other benefits/ compensation as per your tenure of service. 

But if you give resignation, you will not have much scope. 

The ball is in your court. You decide. 

And the statement made by your company "he replied that we don't have anything like that and he told me to quit the job within a day" has no legal validity. No one is above the law. 

 

Kumar Doab (FIN)     26 January 2017

 

You may also discuss with local counsel specializing in labor/service matters.

If you have sent notice/resignation, by email and if it has not been accepted then you can withdraw it.

If you have not mentioned that you have been asked to resign, you may mention by subsequent email.

You might be covered by the def. of "Employee' as in Karnataka Shops & Estbs Act, "Workman" as in ID Act and might also be covered by Payment of Wages Act. 

You can lodge complaints with Inspector appointed under these Acts.

There are IT/ITeS employees unions and are embraced by trade unions.

Karnataka has notified 'Grievance Redressal Committee' that can be approached by employees. The higher officials of Dept. of labor can also be approached.

Also, Firm up your next venture ASAP.

 

 


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