Forceful Termination
Shawn
(Querist) 14 March 2016
This query is : Resolved
Dear Experts,
I am working in a private company and I was the top performer for last 1 year and each month was rewarded.
Now I decided to leave the company since I got a better job in native. I gave my resignation and currently serving notice period of 3 months.
Once I intimated the manager and HR, now the management team has identified or would say created a small issue in my performance and communicated that you will be terminated immediately for this and same will be updated in releiving letter.
They informed that Friday will be your last day and you have to pay the notice period shortfall of 2 months 15 days.
Please advise what can I do to serve my complete notice period. Since my joining date in New company is in MAY 30th.
Is there any law to safeguard employees of private organization.
Regards,
Karthikeyan.
Kumar Doab
(Expert) 15 March 2016
The statements of management posted by you are verbal or written?
In case the termination is due to misconduct (proven misconduct) the establishment/employer may terminate without tendering notice pay.
Otherwise if establishment/employer terminates then it has to tender notice pay, and not you.
You may download all performance related record and other record that proves that there was NO misconduct at your end and NO show cause notice was issued to you..........
You may also download, copy of notice, its acknowledgment, acceptance, attendance record showing you have worked/worked overtime etc,salary slip of all months, Form16,PF a/c slips, all rules and policies mentioned in appointment letter, service rules and regulations, conduct and discipline rules, employee handbook etc...
You must consult an able counsel alongwith all employment related docs ASAP/in advance and proceed further under expert guidance of your counsel specializing in labor-service matters.
Probably the management wants you not to service notice period and resign in between so that it can square off your dues.
Your able counsel can also opine if the notice period of 90days is indeed applicable in your case.
Kumar Doab
(Expert) 15 March 2016
Have you submitted any reply or representation to the management?
Rajendra K Goyal
(Expert) 15 March 2016
Agree with the advice from expert. Author need to reply the question from the expert.
Shawn
(Querist) 16 March 2016
The communication from HR was by email. There is no such notice issues to me on the performance. Last one week they were asking me to take the resignation back. When I declined, they replied to my resignation mail staying Friday as last working day. In further enquiry for such releases management responded verbally.
I was the top performer in the branch/ city I was contributing 70% of the sales.
The HR has blocked my email and took all assets so that I cannot contact higher management.
I have to go to office sit everday and sit at reception till logout time.
Dr J C Vashista
(Expert) 17 March 2016
Well advised by expert Mr. Kumar Doab, I agree and appreciate.
Do not scumb to the pressure tactics of HR and continue with service during notice period.
Agitate the disciplinary proceedings vigorously, if any.
Is there any union in the company, if so, contact them, otherwise, consult a local lawyer practicing in service matters.
