Mismanagement @ workplace

You have posted that:

--"I have received an email from my company's HR about discontinuance of my services without any notice."

It is believed company has terminated the service without assigning any reason and granting any opportunity.

Has this email been sent by competent employee of the company e.g. appointing authority, employee empowered by board? Who has signed this email and your appointment letter? Have you received letter of termination?

Do you want to contest the termination order?

--“ My July's salry has not been paid and one month's notice also is ignored.”

Did you submit notice of termination? If yes company has terminated you during notice period. If you do not wish to contest order of termination and want you’re a/c to be settled and you may demand notice period salary.

As per appointment letter issued by company as company has issued termination Order Company may have to tender notice pay.

--“ Moreover the salaries are being withheld for 2-3 months together.”

Employer has already become unworthy of being employed with. Hence you are justified in submitting notice of resignation. Did you write the reason for resigning from company in your notice of resignation?

It is felt that company communicated termination by email has issued the email thru HR to make you come running to them and then coerce and force you to resign with immediate effect and plead to withdraw termination, and then company may square of your dues by adjusting notice pay.

It is felt that that you may agitate as demand that company should accept your notice of resignation and then resignation. If company accepts resignation before expiry of notice period/effective date of resignation/last day in Office Company shall have to tender notice pay till last day of notice pay or you can term the acceptance of resignation as illegal.

You may demand acknowledgment of notice of resignation/resignation, withdrawal of email of termination, and to supply you payment of all dues, correct FNF statement, form 16 as per correct FNF statement, PF number/account slips/attested copies of withdrawal-transfer forms so that you can submit it to PF office on your own { you may submit withdrawal-transfer forms to company under proper acknowledgment}, service certificate, reliving letter with good comments { avoid getting reliving letter without any comments or adverse comments}, NOC/NDC etc

All shall depend upon your resolve and efforts. Do not get subdued by coercion or pressure by line management/HR/employer.

You may approach elders in the family, competent and experienced well wishers, trained legal mind, lawyer/law firm and show all documents and records and let them structure and draft your representation to good offices of your appointing authority, MD, Chairman, Company Secretary in which you may raise your demands and affirm to serve notice period.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

As per Industrial Employment (Standing Orders) Act, 1946 employer should pay all wages and issue certificate on last day in office.

You may go thru other interesting threads initiated by employees.

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-64376.asp

at the following link

 And

At the following link:

https://www.lawyersclubindia.com/forum/Gratuity-and-compensation-63698.asp#.UDIj9yIWrts

 and

 At the following link

https://www.lawyersclubindia.com/forum/Resignation-63710.asp

Oh yes, the mail has been sent by the HR and it clearly indicates as per the instructions given by the Director, we are terminating your services. Now, I was away from office on account of my Father-in-law's death and they sent the mail.

Please help me, I need my slaary for August and July. July, I have worked and August should come in lieu of the notice period.

If the notice period applicable to employee and employer is same and it is one month employer should tender notice pay. Company shall now pay all amounts vide FNF statement including encashment of paid leave, incentive etc and shall adjust all payables by you e.g. imprested cash, advance if any. If FNF statement is not correct you should protest and decline to accept it in writing under proper acknowledgment.

You should submit a gentle representation addressed to this director to allow you to examine your personnel file in writing under acknowledgment. This shall help you in future.

Usually company dispatches notice pay DD along with hard copy of termination order.

Ideally employer should handover service certificate and all payouts on last day in office.

If the company causes heavy delay in supplying correct FNF statement you may first represent to good offices in writing under proper acknowledgment and if no relief is granted you may approach a competent and experienced service lawyer/labor consultant.

You have posted that “Now, I was away from office on account of my Father-in-law's death and they sent the mail.”

Did you submit leave application or the company has made the unauthorized absence as ground for termination? You may arrange to obtain acknowledgment of leave application on its copy even if from reception where all mail/dak of company is received, preferably a day before you proceeded on leave.

The termination order may affect you in future. If you wish to contest the termination you may proceed accordingly.