• Harassed me to resign from job

Dear Sir,
 As i am working in one the MNC for last 3 years, but without giving any reason, Notice, Warring letter from my company end. our HR as call me one day & asked me to resign from my position for which i have refused to resign from my Job. then on the same day she as issued me the Cessation letter. with giving the reason of like this Your position will cease from 08th February 2018 for your unsatisfactory job performance and unacceptable code of conduct. Your enactment on discharging your duties and handling responsibilities is not matching with our expectation. And when i asked justification for the allegation for non performance, 
Then HR as replayed like this Please refer Clause 8.ii of your appointment letter whereby the Company have the right to terminate your employment by giving one month notice. The Termination Letter issued to you is inline with the above Clause. It is not necessary for the Company to provide the reasons/justification for such termination.

Even giving lots of mail and calls they have not paid my DEC'17 salary yet and asking me to handover all properties to them. but now i am not in a position to believing them.

So please suggest me how to take a legal action on them.
Asked 4 years ago in Labour

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14 Answers

1) since your services are terminated you must hand over all movable items like laptop etc lying in your possession

2) collect your salary of December 2017 and other dues if any

3) company has right to terminate your services for unsatisfactory performance

4) i presume you do not fall within the category of workmen

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If you wish to go legal file a complaint of harresment against the head of your department and HR for terminationg your services without the warning.

Termination with one month salary is OK as per the clause of appointment but reasons should or a working letter should be issued prior to the termination letter.

You need to file a money suit in the civil court to recover your salary and any compensation for termination.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Legal action will aggravate the issue and will ruin your life by wasting time, money and energy. In such situations, you have to negotiate with the HR and be polite to get out of the mess. Your future employers may take a reference and both HR's may be known, even project managers. Irrespective of committing grave misdeeds, they may escape, but you will be scapegoat. In india, labour laws are inclined towards employers and to some extent to workers.

Therefore, don't get perturbed, instead, accept that it is the practice in india and even government does not support.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Firstly, give them a mail in the form of a legal notice by an advocate.

Secondly, do that by hard copy post also.

Thirdly, they are talking about the clause but they are forgetting one thing also that no where is written that company shall not give any justification.

Don’t Worry...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. If the employer is not willing then you can not work in the same organisation agaisnt their wish.

2. So if they do not wish to retain you then don't chase them for reinstatement.

3. Howeevr you are entitled to the salary for the period you worked with them.

4.So send them legal notice seeking payment for those months and if they refuse you can lodge complaint with police for criminal breach of trusts.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Employer can not terminate you, if you are performing good on your deliverable. Here you did not mention the appraisal rating of yours on each year of your service.

2. You may issue legal notice to the employer asking for the technical clarification on the grounds of termination.

3. By parallel, you can file case against the employer for harassment / defamation.

4. You need to surrender all the company assets and obtain 'NOC' from HR department.

5. You can file civil recovery suit against employer for the recovery of the outstanding salary that they suppose to pay.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1) An employee can file a suit against the employer because of the violation of the rights in accordance with the various prevailing laws. Normally, an employee should follow the given process if his or her rights regarding payment of due salary has been violated. :-

2) First of all, the employee should send a legal notice to the employer regarding payment of the due salary which was not paid to him after being fired. The employer has to answer the notice being sent to him with valid, reasonable and competent legal reasons. The action taken by the employer against the legal notice decides the further course of action to be taken by the employee.

3)If the due salary is not paid even after giving the legal notice. An employee after waiting for a reply for reasonable days, can file a police complaint regarding the cheating or breach of trust against the employer. The police will decide the further course of action depending upon the result of the investigation done by the police.

If his complaint is not heard by the police or the competent authority the he can approach the District Magistrate with the copy of police complaint. The matter can also be taken before the Registrar of the companies to make him aware about the malpractices and cheating done against him by the employer of the company.

4)Generally, the dispute gets resolved at this stage because the employer does not like to fight a long case for such amount of money. But, if it does not get resolved then an employee has further methods to get his due salary.

The employee can file a suit in Labour Court before the Magistrate against the employer for recovery of all pending dues. The employee is entitled to get the payment of even the notice period.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

if there was such clause then the company can relieve you from the services after giving a 1 month notice.

Also, if they are not giving the salary then you may serve upon them a legal notice and can write in the same that as and when the salary will be released you will give back the properties of the company.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you have been terminated or you resigned the job then it becomes your duty to return the company's assets held in your possession.

If your salary has not been paid, then you may issue a legal notice through your lawyer if your personal approaches failed to fetch the desired result.

If you are agitated over the manner you have been thrown out of the company you may file a writ petition before high court seeking reinstatement since it violates the natural justice as well as the rights for employment.

The company cannot act as a dictator with its arbitral clauses to take revenge on its employees for any reason.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. When you were told to resign you should have put in your papers to avoid termination as latter becomes a permanent blot on the career which impedes growth prospects.

2. In a private company the rights of an employee are very limited. If the employer terminates an employee on the ground of unsatisfactory performance the onus is on the employee to prove that his performance was satisfactory.

3. You can challenge your termination if you want but the prospects of a legal challenge are generally very bleak in such cases. Tell them that you are ready to deliver the assets of the company if your dues are paid up, and if still the arrears of salary are not released then you can file a suit for recovery of money against the company.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Send a legal notice to this ex employer of your and seek immediate release of all your pending dues, including the salary which has been in arrears till date.

If the needful is not done despite the Legal Notice, approach the court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You have to issue a legal notice and file a case. Hire and fire is the strategy of the MNCs as State Government not ready to take cognizance of offences committed them. Better contact some Union leaders and get your problem solved since courts may not give its verdict within short time.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You send them a legal notice to pay you the outstanding salary. If they don't adhere then file a case in labour court against them. If you want to return their property take an acknowledgement for the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Most of the sugar factories does like this

Not to worry.

You can send legal notice for demand of you slalry..

Sunil Akkatangerhal
Advocate, Belgaum
14 Answers

4.4 on 5.0

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