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Md. Asif Iqbal   08 July 2018

Termination without proper reason read more at: http://www.

Hi

I was working in a company as Marketing Executive, I was working in Kolkata and I have to report in Mumbai, my manager was there. After 6 months of my work on the month of May I entered into some disputes with my manager, he was asking me to share my Live location while in the field which I was not comfortable to. That is the last thing I remembered we have argued about and after couple of days he acted weird and stop receiving my calls, I tried to contact him through emails but he did not responded then I contact the HR department, explained them everything and also asked them to transfer me to another location but I got no help from there either. I have not been contacted by any of the officials since then, couple of days ago when I email my company for my salary of last month which have not been credited, I got a reply that the system shows "you left the company on May". However I have not been informed anything about it neither I have signed any letter of resignation or leave. Now when I asked them about experience certificate they give me a letter where the company is ready to pay my PF in full setllement and its also written there that "I will have no complains or demands in respect of employent from the company". Should I sign this document ?

Also I want to know if this is right way to terminate an employee ? If not then what steps should I take? Right now because of this act of the company my 1 month is wasted and I was assuming that I was still an employee. 



Learning

 4 Replies

Md. Asif Iqbal   08 July 2018

Another point to not is that my contract with this company is still not expired, its a 1 year contract and there is still 6 months left. 

 

 

sorry to post this on reply. I can't edit that thread and I think this point should be added as well. 

Siddharth Jain   08 July 2018

you should not send any such agreement and instead you should serve a legal notice to them asking them to to clarify the air as well as clear your pending dues and reinstate you as 6 months in your contract still pending and you had not resigned.

if they fail to adhere, within 7 days of the receipt of the legal notice, you'll have to take legal measures against them by appraoching civil court.

For any other queries feel free to contact me at isidjain1@gmail.com

Kumar Doab (FIN)     08 July 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

Kumar Doab (FIN)     08 July 2018

How were you marking your attendance: Online, offline?

Do you have any record of attendance and work assigned and work done?

"you left the company on May" is a vague statement and does not clearly mention that you resigned and may even be interpreted as you absconded/absented/abstained from duty…………………..and may even issue termination order so as to avoid payment of notice pay etc  …..or issue adverse comments in BGV/reference check!

Has the establishment provided you with offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, termination letter, acknowledgment of handover of charge, NOC/NDC……………?

You could have replied to the said email in writing, by pointing out that you have not left and cleared everything and maintained irrefutable written record for future reference and use if the need be in any forum.

This could be the easiest recourse..


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