Hi Everyone, I was until yesterday working in a private firm in night shift (I am a female employee). HR Manager called me in his cabin & said me we are terminating you immediately & ask me leave the company in midnight and said they will not provide any experience or reliving letter. They forcefully asked me to sign a termination letter but didn’t provide any copy to me. Reason :: They said I provoked other colleagues to resign but never do this things (the thing is that my colleagues asked me to forward a format of resignation) and which I actually forwarded email to them which I actually resign in the same company in 2015 but the company retain me by giving a salary hike. The company makes this scenario as a base for my termination & said that you have been found instigating company employees which falls under zero tolerance hence we would not be able to release your experience & relieving letter. While in a meeting the colleagues also accepted that they asked me to forward that email. From past 3 months they are mentally harassing me for my appraisal which is due from July onwards & I was going to receive my bonus & arrears almost of 50000 in next 3 days & they terminated me before that with false allegation. (I have a copy of appraisal letter but not signed one from HR) My performance was always excellent from the starting day with this company. In my tenure with this company I never received any single warning or any negative feedback from anyone apart always received positive feedback & appreciation even have dozen of appreciation letter & performance awards. They did not provide me any warning & time to prove myself & apart from that email they don’t have anything. I worked there for almost 3 years. My questions are- • How to get the experience & reliving letter? (They didn’t provide any termination yet) • How to get my arrears & bonus? • I am so afraid that it will affect my career in future if applying for any other company. • Is my case strong enough to file a compalint in labour (as they have my old resignation email which i forwarded to my 3 colleagues)
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What are clauses in your appointment letter regarding termination from services ?
2) you ought to have been issued show cause notice
3) given an opportunity to submit your reply
4) termination is in violation of principles of natural justice
5) issue legal notice to company to claim your outstanding dues and take the plea that termation has been done in violation of principles of natural justice. Seek reinstatement
6) contact a local lawyer
Send a legal notice to them asking them to forthwith release all your dues, including bonus, salary and other allowances in arrears. Also, since you've been termination with immediate effect, seek advance salary in lieu of immediate termination. Seek experience certificate too.
You've a good case because you've been termination unilaterally without having been given any opportunity to defend yourself.
If the legal notice fail to help, approach the Labour Court.
1. There is very little scope of judicial review in so far as termination of an employee by a private employer is concerned. The review by the courts is ordinarily limited to finding out whether the principles of natural justice were followed or not at the time of termination.
2. Furthermore, if you have given the resignation letter signed by you then you cannot now challenge the resignation once it has been accepted. It is not clear from your query though as to what were the contents of the resignation letter.
3. However, the employer is bound to release your dues for the period of your work. Serve a lawyer's notice to it to release your arrears, and if they still don't then file a suit for recovery of money.
First of all if you consider this termination as illegal you ma issue a legal notice to the company stating that this termination is illegal and agaisnt the labor law.
Secondly you demand the experience and relieving letter immediately.
Thirdly you can demand your F&F also
If there is no response then you may go for legal options to solve this issue
