A notice should be given to the company to give your notice period dues immediately. A complaint should be filed against the company in the labour court if they do not respond.
Termination
Hi, One chinese company terminated me. The termination was verbal. They did not give appointment at the time of joining & told would be provided afterwards. The salary credited in my a/c was from company name. They are denying to give my relieving letter & notice period salary. Please guid. Thanks Namith
Asked 5 years ago in Labour
22 Answers
Serve them with a legal notice and than file a specific performance suit against them for getting notice period salary and experience letter
You kay issue legal notice to the company asking notice period pay along with the experience letter and reliving letter in case they fail to provide the same on notice you have to file suit before the court
You can send them legal notice if not resolved then approach labor commissioner office or court
Please issue legal notice of demand of notice salary along with statutory dues from them based on monthly salary credited to your account.
As per law, what's the probation period for a new joinee. Is it illegal on part of any company not providing appointment letter (specially in case of company in uttar pradesh) As per the rules of gov (refer page number 7 & 8) in the link, it should be 3 three months. http://uplabour.gov.in/MediaGallery/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf
Asked 5 years ago
1. Without seeing the job contract the rights and obligations of respective parties can not be advised properly.
2. If the company is bound by the terms of job contract then on its breach you have the remedy from court.
3. Since litigation is time consuming and not so cost effective proceed for the same only if amount of money involved is huge.
Probation period is fixed by the organisation hiring an employee based upon its skill set requirements among other things.
Therefore not providing an appointment letter and the contract agreement is violation of labour laws.
It is as per the agreement. In case you fall in the category as provided by the act you will get the benifit.
What is status of the Chinese Company
Whether LLP /LLC/PLC/ Partnership/Proprietary concern?
How many worker work force?
What is your designation?
When did you start your job with the Chinese Company?
How many days /month/ year did you work with them?
What's CTC offered to you by the Chinese Company?
These are legal questions to be decided first followed by your claim of salary from the company as employee.
- Letter of appointment is must and is one of the most important procedures of recruitment, selection and appointment of employees in the employment of an organization as per Industrial Disputes Act and Labour Law.
Yes they need to provide appointment and relieving letters.
Company is bound to provide appointment letter
2) you can complain against company with labour commissioner
3) further termination has to be in writing and you have to be paid salary as per terms of appointment letter
It is illegal on part of company not to provide appointment letter
probation period should be mentioned in appointment letter
- you can serve the company with a legal notice through a lawyer to make payment of the outstanding amount of salary (pending salary, notice period pay, compensation),
- if payment is not made despite service of the legal notice, you can file a complaint case
1. Does the company have a branch/subsidiary in India?
2. Serve a lawyer's notice to the company seeking the full and final settlement.
Approach the labour court for wrongful termination and ask for back wages as well as for reinstatement. You will be given both since the company did not comply with mandatory and standard procedures. Make sure to bring forward all the facts including non issuance of letter of appointment, non payment of salary, wrongful termination etc.
You may also approach civil court for compensation of wrongful termination, reistatement and back wages. It is better to approach labour court since civil court are sometimes reluctant to grant relief for reinstatement.
Also since the law is of probation for three months as per ID act and standing orders then if you were working for more than three months then you automatically become a permanent worker and get all benifits if that.
I am sure they are trying to keep things off the record to avoid following mandatory rules like those you mentioned as well as for PF etc. They will definitely have to pay penalty for that when things come to the forefront after you approach the court.
Verbal termination exist no where but in your case that without appointment letter you worked there , you can't say that they have terminated your services as there was no contract exists, transferring amount can't be said to be paid for what, but you must go for unfair labour practice against the company with the labour department for the relief.
Yes it should be 3 months. Proceed with the legal notice first
- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.
- Hence, the employer can terminate during the probation , and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation.
- Hence, if an employee leave the job during the probation period , then it not harm his career, and generally many company stipulates in contract , that during probation period either party can terminate the job with or without any notices.
- However, before terminating the employee , the employer should give a notice for the same.
- The probation period is not fixed , and depend on the employers agreement , however, it should be at least 3 months.
- Since, the said company terminating you after keeping you in dark , hence you should send a legal notice , and thereby ask for reinstate the job .
consult local lawyer and issue a legal notice, if not replied properly, then file a appropriate suit and get relief.
In the absence of appointment letter in writing, you may not be able to get any benefit from the company.
The company may claim that they appointed on a oral contract basis
You cannot do anything about it even though you may prove that salary payment was made to by company account.
How long have you been working with the company?
If it's a negligible period then you may ignore it.
However nothing prevents you from issuing a legal notice to the company.
This is a private and a MNC.
You cannot expect any solution from because they are better placed.
1. You can engage a lawyer and send a legal notice to your employer for claiming pending salary And relieving letter.
2. You should have taken appointment letter at time of joining but only way to prove your emoloyement is salary account.
