Termination from mnc
Amit
(Querist) 23 July 2014
This query is : Resolved
Hi,
I have been asked last month-end to resign from services or I will be terminated.
I have sent resignation on e-mail. But my salary is on hold till today. MD is asking to return all company material for release of salary.
I am offering them material for last two weeks over phone as well as mails but nobody is taking material back or replying.
My salary & monthly marketing expenses are still on hold.
Till today I am also not given the reason for asking the resignation.
What should I do now?
Regards
Devajyoti Barman
(Expert) 23 July 2014
Another academic/professional query from the author.
Amit
(Querist) 23 July 2014
Sorry?
Do u need more details?
Devajyoti Barman
(Expert) 23 July 2014
I have already meant what I have stated in respect of your repeated academic / professional queries.
Raj Kumar Makkad
(Expert) 23 July 2014
Serve a legal notice and then file a civil suit.
Amit
(Querist) 23 July 2014
Since my appointment letter is from Bangalore Head Office and mentioned for Bangalore jurisdiction in case of dispute, can I file case & fight from Mumbai?
Rajendra K Goyal
(Expert) 24 July 2014
Send legal notice for your claim. If jurisdiction in the appointment letter is mentioned as Banglore, you have to file case at Banglore.
ajay sethi
(Expert) 24 July 2014
you have to file case in bangalore only
Raj Kumar Makkad
(Expert) 24 July 2014
As you have already agreed for the jurisdiction of the Court situated at Banglore, you cannot resile thereto.
Amit
(Querist) 25 July 2014
Dear Sirs,
Please suggest me some good advocates in Bangalore who are expert in this kind of cases.
Regards,
Raj Kumar Makkad
(Expert) 25 July 2014
It shall be better for you to personally visit the court campus and enquire about such lawyer and engage him.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
A good or bad advocate, it is you who have to choose, you may choose one from the LCI data base too. Since you have not even sent the legal notice, you may send a notice from your side by registered post directly demanding your arrears of salary as well as the reasons for forcing you to resign.
Kumar Doab
(Expert) 05 August 2014
Since you have resigned you are not terminated.
If you can prove that you were forced it may become case of deemed termination.
The jurisdiction can be last location of employee or redg. Office of company or jurisdiction stated in appointment letter.
HC can be approached if reqd.
Guest
(Expert) 05 August 2014
Mr. Amit,
As a manager, I hope you must be knowing that any verbal conversation do not hold any relevance as compared to the written proof. Even if you file a case against the company, unless you have any solid evidence of any violation of any term of your appointment letter on the part of your employer, even the best lawyer may not be able to help you.
You have put resignation, may be on asking by the company, but that would be treated as your voluntary resignation, unless you have any evidence that you were compelled by the company. The company does not have any right to compel an employee to resign. That can exercise its right only through termination of service of the employee by serving him with a termination notice intimating the reason for the proposed termination.
Further, if you have already served with the notice of resignation, you do not have the right to withhold the company asset with you. You must ask in writing to whom you should hand over the company articles. Even acting on verbal advice to handover official assets is not advisable for the purpose of offical record and to prove no liability on your part.
Raj Kumar Makkad
(Expert) 05 August 2014
You must consider the legal tests which Sr. expert Shri Dhingra has indicated prior to your further initiation of law suit.
Amit
(Querist) 07 November 2014
Sir as advised I contacted a lawyer and sent legal notice to my company one month back claiming them 3 lac against June month salary + marketing expenses(which were hold)+ July & August month salary as per notice period.
Things are slow because I am pay-less from June'14 onwards and short of funds.
The company has not replied to our notice and now I understand I have to go to Bangalore & fight the case to get justice.
To fight the case now I have initiated to sell my house so that I get some money to run my family as well as fight the case.
Is it possible that I claim for salary till the date of case verdict + Harassment Compensation + Relieving Letter + PF Release + Apology Letter + Whatever is possible as per law instead of only 3 lac?
Because company has neither terminated me nor accepted my resignation and I could not join anywhere due to unavailability of relieving letter.
Till today I am running family by selling my wife's jewellery & now selling our house as highly depreciated price to run my family & get justice.
Please suggest what actions I should take.
Regards,
leena Sharma
(Expert) 10 November 2014
You can only seek recovery of money and interest thereon. You may not get any money account of legal expenses you might incur.
Guest
(Expert) 10 November 2014
Dear Amit,
Definitely, it is NOT a pleasing news if you have initiated to sell your house in order to claim your monthly salary and marketing expenses from your employer!
With reference to your query, "is it possible that I claim for salary till the date of case verdict + Harassment Compensation + Relieving Letter + PF Release + Apology Letter + Whatever is possible as per law instead of only 3 lac," everything is possible, provided you are able to fully prove illegality on the part of the company and also able to sustain the cost and rigours of the trial for years together.
In fact, your legal notice could prove to be disastrous for your career. Legal notice is not always a panacia of all ills. That sometimes create havoc for the sender of the legal notice. I can only advise you not to try enjoying day dreaming thinking that you can claim all those things by living at the cost of your wife's ornaments and sale proceeds of your house. Any court case is not a matter of days, weeks or months. A court case goes for years together. You need to take wise and cautious steps, as your fight is going to be with an MNC, which usually have every resource to hire any of the best lawyers of the world.
When you have already adopted a wrong course of action in sending a legal notice to your employer that too an MNC, I wonder on what basis you are assuming that you can claim all that even when you don't have a single evidence of compulsion put by the company on you for your resignation. Your resignation can be treated as voluntary one, if you have not made any mention about the instructions of your bosses asking for your resignation.
As per your statement, you have not been relieved from the post, but you have also not stated whether you are still attending your duty or not. If not attending after the stipulated date of resignation, you can be treated as on unauthorised absence. So, can you claim any part of the salary even for a single day of your absence from your job without acceptance of your resignation and relief from the post? In the absence of your relieving order, you should have known that the company can prove your absence to be arbitrary on your part and without any leave having been sanctioned by the competent authority? Even the court can be convinced by the company that you indulged in to indiscipline by leaving the job unauthorisedly.
Also, when you have the property of the company in your possession, cannot your company prove you to be a dishonest employee? You could have asked the authorities even through your resignation letter to authorise some representative to take over the charge, including the belongings of the company from you.
Compensation or apology for harassment can depend only when you are able to prove beyond any doubt that undue and illegal pressure was build upon you to put your papers and the company is not issuing acceptance letter for resignation and releiving letter out of some ill motive or revenge. PF ithdrawal would depend only when resignation is accepted and you are relieved of the post.
Now, any action or solution to your problem can be suggested only on examination and analysis of the case related documents, including your offer/appointment letters, which you may be having in your possession.
So now, you may better pay a personal visit to some services law expert and get all your service related documents examined and analysed properly before you decide to file any petition with the competent court of law under the able guidance of the expert.
Amit
(Querist) 10 November 2014
Dear Sir,
Thanks for your advise.
I just want to let you know the following;
1. I have written e-mail from the company MD asking the resignation and also format of resignation sent by them in attachment of the e-mail (which we have mentioned in legal notice).
2. Also company MD has send me e-mail writing not to come to office and work except attending phone calls unless next advise by them and they have never advised me further (which also we have mentioned in legal notice. My company e-mail is still working however phone is disconnected few days back only).
3. My career is already destroyed by employer and is irreparable because without relieving letter I cannot join anywhere else even though selected.
4. One lawyer from Bangalore was saying me over phone that in such cases verdict comes within 3-6 months but more the amount I claim more will be the court fee for the same. Is it true? How can court expect additional fee from a person who is victim and job less?
5. Are you from Bangalore? Can you fight this case for me or suggest somebody? I understand that I need an experience lawyer for my case.
Regards,
Guest
(Expert) 10 November 2014
If you have a written instruction from the MD not to come to office, the contents of the communication would need to be examined appropriately.
Further, if the advocate assured you for verdict within 3-6 months, you may hire him if he gives a written guarantee even for one year for getting the verdict.
I reside at Delhi. I would be able to examine papers for initial guidance based on such papers only if sent through email or surface mail.
