• Harassment - Resignation forcefully and without any prior notice

I join 'ABC Private Limited' on 1st June 2016 being Company Secretary. Accordingly my probation perod set for six months which ended on 30th November 2016. However it was extended for another month without any written notice, accordingly, which was end on 31st December2016.

But I believed that why they have extended since they were considered the view that Company Secretary has no longer required for the company and every requisite compliance has been done timely.

However the organization continue to follow ups the practice of extension in probation period and given me ultimatum to leave the organization on 28th February 2017. But harassment was not stopped by giving ultimatum just it has pressurized me to leave the organization on 9th January2017 and tsken out my all rights like email id was locked, mobile sim taken out and other rights being employee has been snatched without any notice of one month and getting time to think about. It was done at morning since when I took my chair and saw that I was unable to log in into the system.

In fact the most surprising thing that employment agreement nowhere contained any provision for one month salary which make the agreement null and void abinitio. However the mgmt has promised to give two months basic which I don't believed in any manner.

This seems all fishy and polotics cooked up by seniOrs.

Therefore with the help of this platform I am looking for advice so as to enabled me to take action and let them feel private company the importance being Company Secretary.
Asked 7 years ago in Labour

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7 Answers

1) what were the terms of your appointment letter?

2) you are entitled to salary for period mentioned in appointmet letter if your servcies are terminated

3) if you resign you are required to serve the notice period unless waived off by the company

4) send an email to MD of the company that you werre forced to submit your resignation that your email id was locked and mobile sim taken by the mangement

5) request company to clear your outstanding dues .

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

I regret you can not take any legal action for the untimely termination of your job.

The private sector is not regulated by any any special provision of law and hence no effective challenge can be ut if it ass you to quit the job by February.

However at the time of finally quitting the job if you find salary of your working for a particular month is due you can file criminal case of cheating and criminal breach of trust.

I would advise you to resign gracefully and join in another organisation.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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It seems that the employer has made up its mind to dispense your services. It has to, therefore, make a full and final settlement and relieve you through a relieving letter. The right of a company to dispense the services of an employee, more so an employee who is on probation, is unfettered. If it does not make the full and final settlement then alone issue a lawyer's notice to it and then file a suit for recovery of money.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send an email to company that you were called upon to serve till 28 th February 2017

2) however you were forced to submit resignation on 9th January and not paid 2months salary as promised by HR manager

3) cell upon company to honour its commitment and pay 2 months salary as promised

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Join in the new organisation and then pursue for your legitimate dues.Do not wait for the relieving letter anymore.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Since you have joined the company on the basis of an employment offer letter and have been on probation since joining, you may go through the condition governing the law about probation period.

If the probation period is just six months only, you may give a written representation to the company stating that you have been on probation for more than 6 months and as per the conditions, if there is no adverse report during the 6 months period you are liable to be confirmed, whereas the company has not initiated the process to confirm your employment.

You secure this as evidence which can be used at a later stage when there arises a dispute in this regard.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

I come to know that the agreement has been silent upon any compensation post resignation. However HR Manager has confirmed pay-out of two months of your basic pay for which he neither issued an e-mail yet to that effect nor has any other written evidence which shown he intended positive and have any mindset for such pay-out. Hence I can't believe after episode of resignation.

Since there is no condition agreed in the employment offer letter to grant you two months salary and there is no guaranteee on the assurance made by the company post resignation, you cannot take them for granted, hence it would be better that you dont initiate the process of resignation from your side.

I really grateful to seek your strong views. But earlier the organization has given me an ultimatum to leave the organization by 28th February 2017. Whereas I pressurized to leave by 9th January 2017. On the other hand the employment agreement also being silent upon any compensation to be granted post resignation. Therefore this is totally unfair act has been conducted against the employee. What should i do in this circumstances ?

You can serve a legal notice to the company stating the fact and demand proper compensation for having forced you to resign against your wishes and decision.

The agreement has one clause that either party to the agreement can serve written notice prior to 3 months before leaving the organization.

You can utilise this clause in your legal demand notice demanding the compensation in lieu of salary for having thrown out of employment.

.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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