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Simone22   11 October 2016

Help in regards to termination of employment

I was recently approached by HR at the end of the work day to put in my letter of resignation because my boss was unhappy with my work. I skipped work the next day as I was already not feeling well, but I went to work the day after. I was immediately called by the HR Manager and asked to put in my papers by the end of the day. As part of the conversation, I asked what was to become of my confirmation letter.

According to my appointment letter, I had to serve 6 months of probation. Whether I received a letter of confirmation after 6 months is not disclosed. However, I did ask HR for it after serving my probation and on various occasions afterwards; each time I was told verbally that since I had finished 6 months and was enjoying holidays and other benefits, it meant that I was a comfirmed employee. They also told me that it was not company policy to give confirmation letters.

Coming back to my termination, I wrote HR a letter on email asking them to disclose the reasons for my termination as well as wellas refusal to give me a confirmation letter. I immediately called in by the CFO and immediately terminated as I was 'unconfirmed'.

What should I do now? I work for a private limited company that is rather small in size. Any help whatsoever would be welcome.



Learning

 5 Replies


(Guest)
I still have some database, you can forward me your resume, I'll try to find a job for u, no promises, no charges, just humanitarian basis help. Ah, regarding your termination nothing much can be done, as they have managed the scene properly, running behind justice will ensure two things, A. Blacklisted in the market. B. No job for another year. It is trick which companies adopt, nothing is legally followed. See if they contributed employer share to ur pf .and esi. If no, directly file case u.s. 405 406 IPC. That will work. Not ur claims of confirmation blah blah.

Ms.Usha Kapoor (CEO)     12 October 2016

You issue a Legal notice to your employer that despite putting in your best  despite of presumed confirmation of 6 months probation asper your  version a syou've been treated like  a regular employee with holidays leave etc this termination orders which are non spealking orders(No reasons were given for termination) have come  as  a bolt from the blue.:Ask them to cite reasons in their  reply to your legal notice. If you don't receive  a reply approach a labour court and challenge your  termination order on the ground   of  highly highhanded,prejudiced, unreasonable, arbitrary and  smacks of illegality, gross injustice, victimization and  unfair labour practice and  Pray for  reinstatement with back wages.Also consult your employees union if any. They may help you.Engage  a labour law expert.Moreover they have issued non speaking termination orders  and prior  to termination they have not issued any showcause notice and c alled for your  explanation  which is gross violation of principles of natural justice.If you  appreciate this answer please  click the thank you  button on this forum.You've a good case. You will win!.

Ms.Usha Kapoor (CEO)     12 October 2016

You issue a Legal notice to your employer that despite putting in your best  despite of presumed confirmation of 6 months probation asper your  version a syou've been treated like  a regular employee with holidays leave etc this termination orders which are non spealking orders(No reasons were given for termination) have come  as  a bolt from the blue.:Ask them to cite reasons in their  reply to your legal notice. If you don't receive  a reply approach a labour court and challenge your  termination order on the ground   of  highly highhanded,prejudiced, unreasonable, arbitrary and  smacks of illegality, gross injustice, victimization and  unfair labour practice and  Pray for  reinstatement with back wages.Also consult your employees union if any. They may help you.Engage  a labour law expert.Moreover they have issued non speaking termination orders  and prior  to termination they have not issued any showcause notice and c alled for your  explanation  which is gross violation of principles of natural justice.If you  appreciate this answer please  click the thank you  button on this forum.You've a good case. You will win!.

Kumar Doab (FIN)     12 October 2016

You seem to have built some record.

Submit leave application for one day by post and send a scanned copy by email.

 

 

Kumar Doab (FIN)     12 October 2016

While posting such queries employee should post: 



What is this establishment; Commercial, Industrial? 


What is its line of business? ( e.g;  IT company)



How many persons are employed in it?


Does standing order apply in your case; Model/Standing?


What was your designation and nature of duties?



Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?

How many persons report to you?


You are in which state?
Your service is under probation or confirmed? (Noted; Not confirmed in writing)

 

Post exatrct from appointment letter; Clauses/para; on probation period and Confirmation!




For how many months you have been working?


Are you a member of any employee’s/trade unions?


Do you have any evidence that you were called by HR on two days and asked to resign?



Who is threatening you in Past and current establishment; HR personnel/Line Managers/Employer itself?


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