• No termination letter/experience letter/unpaid dues

Hi,

I was working with this MNC as a software professional from Jan-2005 to June-2011. I was terminated from employment for reporting a director who was bullying & mentally harassing me for several months. However, when I was terminated I was not given termination letter or experience letter. Their lawyer sent me a letter in which it was stated that my job will be terminated after a particular date. Later, the company stated that this letter-of-intimation that their lawyer sent is a good enough termination letter. The company is not issuing termination letter as they do not want to pay me employment-termination benefits. If they issue termination letter, I can seek legal support for my unpaid dues. They want to avoid that. 

Is there any legal support I could seek to get my termination/ experience/service letter and my unpaid dues. 

Thanks in advance,
Asked 8 years ago in Labour

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15 Answers

Appointment letter issued by company must be containing termination clause

2) you would be entitled to x months salary or so If your services are terminated as per clause in your appointment letter

3) issue legal notice to company to pay your outstanding dues

4) if company fails to pay you then you can sue the company to recover your dues

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I just keep only the necessary points without asking you any questions about your termination.

1. Even though there is gap of 6 years, Still you have chance to get your Full and Final settlement along with Service letter ( If you have your employment related proofs ) .

2. Their's lawyer letter can not be considered as termination letter Or service letter.

3. Issue legal notice for the Final settlement.

4. File recovery suit against the company with the jurisdictional court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Your claim is barred by limitation

Even if you sue the company you will not be able to recover any dues from company

You can seek relieving letter from company

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You ought to have issued legal notice if you were not paid your dues for 6 years

Filed suit within period of 3 years of non payment of dues

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You mentioned that you were working from Jan 2005 to June 2011.

2. Have you sent the said MNC any letter and are still exchanging letters whereby you can claim that the matter is still pending before them for taking decision in this regard?

3. If not then you shall have to justify with valid reason why have you kept quite for such a long period from 2011 till today in prefering your claim and agitating in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. This is an unique case of letting a winning situation going out of the hand.

2. Your case has already crossed the limitation period for which you can not claim any relief from the Court unless you can prove with evidence that the matter is still pending before the said MNC to decide finally.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. 7 years is a long time to agitate and file a case before the Court praying for justice and relief.

2. You shall have to justify the delay in raising up so late to file a case.

3. If you can produce any letter as evidence wherein you have claimed compensation for not paying you the salary and/or not terminating you as per rule, then you can file a Damage Suit claiming payment of damage caused to you by the said MNC for their said illegal act even now since the limitation period for filing damage suit is 12 years from the date of causing the damage.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The legal notice from the lawyer warned of termination on a future date, but it was not a termination letter.

2. You were issued the notice in 2011. Surely you must not have been allowed to perform your duties in the organisation after the date mentioned in the notice. You should not have delayed issue of a legal notice just because you were not issued a termination letter. The claim is now hopelessly barred by limitation.

3. You may, if you choose, issue a legal notice to the employer even now, but the chances of success in legal pursuit are very bleak.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

FYI. You have not crossed the time limit to claim your settlement.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Is there any legal support I could seek to get my termination/ experience/service letter and my unpaid dues.

What were you doing all these 6 years.

Any claim for payment of dues to you from the employer is barred by limitation at this stage.

The termination notice issued by lawyer is not an authority and it cannot be taken as termination letter.

The employer is the authority and not the lawyer

Even now you can send a letter stating that you have not got the dues settled yet despite you resigning the job way back 6 years ago.

Let them give a reply which can be taken as their acknowledgment to pursue the matter further, as per law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. I was hired by this MNC in India, in 2005 and I was terminated in 2011

2. I've been trying various means to get my relieving letter from this employer since 2011. Now, I am more or less certain that I do not have many options left and hence I posted this question on this forum. That is the reason for this gap of 6 years.

This gap of 6 years is going to become fatal to your claim.

You should have taken action at least within one year

Well, issue a legal notice, let them give a reply after which you can decide further course of action

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I still do not know how to go about getting my relieving letter. Any support from this legal forum would be highly appreciated.

The only trump card with you is the lawyer's letter communicating that you are fired because the lawyer is not an authority to terminate your services.

It should be from your employer .

Therefore you can claim that you are still not terminated hence demand for your salary arrears as well as other dues from the company.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

You had a good case if you had at the relevant time in 2011 filed a case against the company.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please try and understand that there is a limitation of 3 years in filing a civil suit. The limitation is calculated from the date when the cause of action accrued i.e., from 2011.

You could therefore have filed the case till 2014

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

However, you may still file a suit with an application for condonation of delay wherein you will have explain the reason for delay and show that the same is a continuing offense and subsists till date.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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