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somitra   04 May 2017

Termination of services

Hi,

 

I have been working with a private limited company and all of a sudden one day they said to put the papers taking all work day and night stating that my performace has not been upto mark without giving any prior notice and information on my performance. 

Company has hold down my performance link salary which is deducted from my CTC approx 2.2 lakhs and is not willing to give nither to me nor to any one and having good payments month on month.

Also their was an amount paid of 1.75 lakhs for some official work and time and again i have asked for that but HR head does not repky to this.

i wish to know if the notice period agreed during employment can be extended and how to get my benefits.

Pls help me out on this.



Learning

 16 Replies

somitra   04 May 2017

Originally posted by : somitra
Hi,

 

I have been working with a private limited company and all of a sudden one day they said to put the papers taking all work day and night stating that my performace has not been upto mark without giving any prior notice and information on my performance. 

Company has hold down my performance link salary which is deducted from my CTC approx 2.2 lakhs and is not willing to give nither to me nor to any one and having good payments month on month.

Also their was an amount paid of 1.75 lakhs for some official work and time and again i have asked for that but HR head does not repky to this.

i wish to know if the notice period agreed during employment can be extended and how to get my benefits.

Pls help me out on this.

 

Kumar Doab (FIN)     04 May 2017

Originally posted by : somitra



Originally posted by : somitra



Hi,

 

I have been working with a private limited company and all of a sudden one day they said to put the papers taking all work day and night stating that my performace has not been upto mark without giving any prior notice and information on my performance. 

Company has hold down my performance link salary which is deducted from my CTC approx 2.2 lakhs and is not willing to give nither to me nor to any one and having good payments month on month.

Also their was an amount paid of 1.75 lakhs for some official work and time and again i have asked for that but HR head does not repky to this.

i wish to know if the notice period agreed during employment can be extended and how to get my benefits.

Pls help me out on this.





 

You have tendered notice of resignation or resignation with immediate effect?

Did you mention that you have been asked to resign/reason……………….? 

Do you have a copy and acknowledgment?

Has it been accepted?

What was the notice period mentioned in offer letter issued to you?

Do you have any evidence that you were asked to resign?

Kumar Doab (FIN)     04 May 2017

Who paid the amount of Rs.1.75 Lacs to whom: You to HR or you to employer?

How was it paid; by cheque or by cash?

Were you asked to pay it in writing?

Was any acknowledgment issued to you?

Have you signed any Bond?

If yes do you have a copy?

Kumar Doab (FIN)     04 May 2017

This seems to be another case of ill informed and ununited employees acting on their own without consulting elders of th family, competent and experienced well wishers, employee's/trade union leaders, a very able counsel on unshakable repute and  integrity specializing in Labor /service matters, at location of employee.

somitra   05 May 2017

I have paid to someone for business work for company on verbal assurance which I have documented as followed them for more then 1.5 years and no revert

somitra   05 May 2017

You have tendered notice of resignation or resignation with immediate effect?

 I have been asked verbally but till date no written information has been given and also i have also not submitted in writtten

Did you mention that you have been asked to resign/reason……………….? 

Yes I have been asked to resign due to non performance where i have never been told on that

Do you have a copy and acknowledgment?

No written things have been given to me
 

Has it been accepted?

I have not yet given in written

What was the notice period mentioned in offer letter issued to you?

30 days

Do you have any evidence that you were asked to resign?

No evidence only verbal call by HR Head

Kumar Doab (FIN)     05 May 2017

Originally posted by : somitra
You have tendered notice of resignation or resignation with immediate effect?

 I have been asked verbally but till date no written information has been given and also i have also not submitted in writtten

Did you mention that you have been asked to resign/reason……………….? 

Yes I have been asked to resign due to non performance where i have never been told on that

Do you have a copy and acknowledgment?

No written things have been given to me
 

Has it been accepted?

I have not yet given in written

What was the notice period mentioned in offer letter issued to you?

30 days

Do you have any evidence that you were asked to resign?

No evidence only verbal call by HR Head

 

You have grossly erred.

You have not resigned in writing.

You have not been issued any communication in writing, including under performance, staus of your employment.

Kumar Doab (FIN)     05 May 2017

Originally posted by : somitra
I have paid to someone for business work for company on verbal assurance which I have documented as followed them for more then 1.5 years and no revert

You have paid Rs.1.7Lacs to someone for company’s work, on verbal orders by company’s official, as per you.

Have you been asking to refund this amount in writing under proper acknowledgment? Did you ever get any reply, in writing?

Kumar Doab (FIN)     05 May 2017

You have not been terminated by a speaking order (written).

The employer-employee relation is not severed by you or employer, in writing.

Are you attending office and marking attendance?

If not, establishment may claim that you have been abstaining/absenting/absconding.

It is felt that you are being pushed/compelled to start written communication and err in your drafts.

 

Kumar Doab (FIN)     05 May 2017

Dear, you may preferably, along with elders of your family, well wishers, and copies of all docs on record/communications, performance data, approach Seasoned Employees’/Trade union leaders , and a very able counsel of unshakable repute and integrity at your location, specializing in Labor/service matters.

It is altogether different filed ofn law and few counsels in each city specialize in it. They are very well known.

Usually all such matters are referred to them.

Your counsel and well wishers can structure your representations and try to defend your interest.

It is a misconception that all counsels/lawyers specializing in Labor/service matters, charge a huge fee.

Inquire at Labor court/CGIT, civil courts and you will come to know of all such counsels.

Seasoned Employees’/Trade union leaders can also help you.

somitra   05 May 2017

I am attending office on daily and also marking my atttendance and working also. Their are work where to complete HR Head is not giving approval to finish.

somitra   05 May 2017

I Have asked through proper mail but no reply on the same has come back from HR Head where the Top Management has been marked this mail

Kumar Doab (FIN)     05 May 2017

Originally posted by : somitra
I am attending office on daily and also marking my atttendance and working also. Their are work where to complete HR Head is not giving approval to finish.

 

Download attendance record and keep copies.

How come HR Head has come into picture?

What do you mean by 'HR Head is not giving approval to finish.'?

The line managers are the ones that monitor work. 

 

Kumar Doab (FIN)     05 May 2017

Originally posted by : somitra
I Have asked through proper mail but no reply on the same has come back from HR Head where the Top Management has been marked this mail

 

The mail is from official email id or personal?

The issue is more than it meets the eye.

Dear, you need local support.

Approach your counsels ASAP.

 

Apparently they want to spoil your future.

Have you been able to find another job?

 

 


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