Dear Sir / Madam,
I am currently working in a small Pvt. Ltd. Co. in Kolkata from August 01, 2012 as an Office assistant on probationer basis for 3 months. The co. is a Tea Merchant & Exporter. The staff strength is only 5 heads (no officer or manager) apart from 3 directors and 2/3 casuals / part time. My salary (Gross / Net including all) less than Rs10K. In my appointment letter, in one para it was written "You will be entitled to Bonus as per rules of the Company and as and when declared by the Company, if any." and in another para it was written "Your probationary service will be terminated by giving one month's notice from either side without assigning any reason whatsoever.".
On 25th October 2012, our director certainly called me in closed door meeting / discussion in his chamber and informed that since he is not getting adequate export orders due to which I was taken to look after the documentation part (expected more export orders at the time of my appointment) and my salary being the highest among all, he is unable to keep me in the office after 1st November 2012. He has also issued a termination letter yesterday on 26th October in my name, though I did not receive it but would receive it on Tuesday just to get some time to discuss various aspects of this. In the first half of this month Bonus of 1 month's Salary was paid to all old staffs.
Based on the above, I would like to ask the followings to the advocates of this website and other advocate members and as well to all concerned persons who are well versed with the current labour / civil / company laws (quoting the respective law and under section nos, if possible):
1) Am I entitled to receive Bonus on pro-rata basis for these 3 months I worked including this month? If yes how much? My salary divided by 12 (months) and then multiplied by 3 (months of service)?
2) Is it unlawful that the company violated his own terms of conditions by not giving 1 month notice to me as mentioned in my appointment letter?
3) Can I reject the company's request of working till 25th Nov. after accepting the termination letter but claiming for salary till 25th November without working there any further? Would this lawful and how to do it?
4) In the termination letter he deliberately despite request did not quote the reason he expressed verbally in the closed door meeting. Can I lawfully force him to write it (kindly note the line of termination in the appointment letter above)
5) Do I need to file a GDR / FIR in the police stations? Would the police accept the GDR / FIR on this ground?
6) Though my grade is office assistant but not entitled to PF / Gratuity & Overtime though we need to stay back for work (mentioned in the appointment letter). Is this lawful?
7) Lastly, should I accept the Termination Letter under the above situation and then carryout legal proceedings or should not accept it unless the above issues are resolved. If I do not receive the letter how do I proceed keeping in mind that the director would do what best suits him for his own sake and for the sake of the company.
I await your kind and valued feedback and response at the most earliest in this forum or in my email id: bhaskarinoffice@gmail.com since I am very short timebound, as you may understand. Your expert advise and information would be of immense help for me.
Best Regards,
Bhaskar Chatterjee
