• Terminated from job without letter / appointment letter even after working for 10 months

Sir, I was a 20 years experienced marketing manager recently join in a private agriculture company On 1st Feb 2017, 10 months past and I Was terminated verbally on immediate effect without notice period or pay on 4th Dec 2017. I Need to know am I entitle to get notice salary ? and LTA @ 4000 as per CTC. If yes how much? They are asking me to pay only 50 % of Basic salary only. I was not issued a appointment letter even after asking several times. Because my 1 month salary and 3 months travelling expenses (75000) were kept on hold, prior to terminate in order to get my salary I was asked forced to write down resin letter and to avoid my financial crunch at that time I was supposed to wrote resin. After one month of time I joined my previous company again where I worked for 9 yrs before joining here. What should i do. I was given a loan from company for car payable to the company from incentive after 31 st march 18 and if not entitled than @10000 from next salary ,and a laptop which I have yet not submitted or returned coz of this dispute.Kindly advice in detail how to proceed. I have done several mails for the above my need and have given assurance to the company to pay their loan as per terms @10000 per month after march.But because they terminated me in the interem I am help less and they are asking to pay all remaining loan amount after deducting my travelling amount and 50% of Basic salary in 4 installments i.e 31000 per month which is difficult for me. They say as we have not issue any appointment letter so we are not abide to follow any rules like notice salary or one month pay. Still we are paying 50% of basic kindly accept and do settlement. What is your advice am I eligible for things I mention ahead. I do not want any thing illigal but I want my Right if im eligible. Please call instead of mail for better conclusion. Thank you Sir.
Asked 4 years ago in Labour

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12 Answers

Firstly, that whatever you are asking is worth asking for.

Secondly, they just can’t deny the rights of yours.

Thirdly, they do not give appointment letter because they know what would be the consequences if not complying their own terms.

Fourthly, and if they put some arbitrary terms then also they know the legal outcome of it.

You can consult me through Kanoon for better assistance...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Please send them legal notice asking to pay you your salary due. Without appointment letter it's difficult to establish your claim in court of law. But if you have bank statement where your salary was transferred then also any correspondence from official mail to your personal ID please use it as proof and sue for recovery of money with damages. Also file labour case in labour court. You are entitled to entire salary for period you worked.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See technically first of all you have resigned from job on documents .

Secondly send them a legal notice asking balance amount and one month salary in lieu of notice period .

If no salary though there is no employment terms and contract signed it shall be hard to prove as there is no.provosion of 1 month notice or terms still based on official comunication you can establish same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can raise this issue with labour court that is labour commissioner for the amount of salary and travelling expenses that are not paid.

Also if company is clearing all dues and 50% notice period they are giving than you can accept same because first of all no agreement , secondly you resigned (forcefully different matter to contest) see you can spent a substantial time and money in litigation than better to settle the issue and work.

Amicable settlement in the case is best if he pays all dues plus 50% salary as a notice.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to file a suit in labour court for unlawful termination and pray for your outstanding dues. In the first place the company should issue you appointment letter as well as memo before termination.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1) you have not been issued any appointment letter

2) how was payment made to you ? by cash or cheque?

3) if you have evidence of your appointment then you can claim salary for notice period , travelling expenses

4) return laptop to the company

5) amicable settlement s best option

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. it os true that if there is no formal agreement then you cna insisit on salary for the ntoice period.

2. So if they are agreeing to pay you nevertheless half of the basis salary for few months along with travel allowances then it is good for you.

3. However since you are terminated without giving any reason you can challenge the same in court of law. But since such procedure takes lot of time and expenses it is not advisable.

4. You can not withhold the company property like laptop and earlier termination of your job is no excuse to repay the loan amount.

5. So what they are proposing is found to be good. Adjust the money with loan amount , return the laptop and repay the loan for which you can negotiate for convenient number of installments.

6.Resolve the dispute amicably and do not go for conflict.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Refuse to accept Rs 25000 offered by company

2) the e-mails exchanged with company is sufficient to prove you were an employee of the company

Issue legal notice to company to pay your outstanding dues

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You might be having other evidence to show that you have worked for that company, it is sufficient for you to claim one month salary and all other amounts which were due to you. Lodge a complaint with Assistant Labor Commissioner and get issue legal notice. Thereafter file a suit for recovery of said amounts. In the meanwhile join another good company and do not wait for this amounts.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Even though your company has not issued a proper appointment letter the proof of your employment will be records of the documentary evidences for the salary paid to you every month.

Simply writing emails would not fetch you any fruitful result.

You must consult a local advocate and issue a legal notice venting out all your grievances and demand proper compensation and also the dues to be paid to you.

After that you can initiate proper legal action for recovery through court of law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) You can go with settlement instead fighting with them as you don't have any employment proof as evidence against company.

2) Check your all financial amount that how much you can owe them and how much you must receive from them.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you don't come under labour category. You have only option to file civil suit for recovery of your dues. You need to satisfy civil court that why you don't belong to labour category.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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