Termination of Services
sahil Anand
(Querist) 13 July 2008
This query is : Resolved
Hi..
I would like to take an expert advice before I take any legal help.
I was working with an "ABC" Multinational Co. I served the organization for abt 7.5 Yrs. I resigned from the services & served the notice period for two months. As per my promotion letter I had to serve three months notice but I was only able to serve two months of notice. I had over 32 days pending leaves & i was of the opinion that my 32 days pending leave will cover my remaining notice period of 30 days. I requested the management to relieve me from the services but the management wanted me to serve complete three months notice. They were not willing to accept any payment in lieu of notice period. So, I served two months notice and then went on leave for remaining one month. I then joined the other organization "XYZ" thinking that the previous organization will adjust my 32 days pending leave in the remaining notice period which never happened. And the previous organization terminated my services on the ground of dual employment. I am asking the previous organization to give me the experience letter since I had worked with the same for over 7.5 Yrs. So should I take legal help in getting an experience letter for myself & secondly is there termination valid.....?????
sahil Anand
(Querist) 13 July 2008
I need an expert advise on my case pls!!
R.S.Rajesh
(Expert) 14 July 2008
The experience certificate for having been in service over a period of 7.5 yrs is not linked to the termination of services.Therefore, your request for seeking experience certificate cannot be denied in the ordinary course.
Secondly,subsequent to your resigantion you ought to have waited till you are relieved from your services.Even during the period of leave the employee is deemed to be in service only and the leave cannot be claimed as a matter of right.Therfore, you should have gone on leave after the same was sanctioned. leave period also leads to contiunuity of services.The realtionship of employer and employee ceases after you are relieved. However, the validity of the termination of services depends upon the terms and conditions of your employment and the circumstence underwhich the services of an employee can be lawfully terminated. If the termination is illegal /contrary to the terms and conditions of your services/employement,the same can be challenged in court of law and get it quashed.
sahil Anand
(Querist) 14 July 2008
Thanks, sir a lot for this valuable advise. Now since I have joined the other organization three months back I am facing issues here as well. I went for the training in United States which was for 6 weeks. I wasn't able to understand the work there. I honestly admitted to the onshore team there that I am not able to understand the work & its kind of a profile mismatch. They acknowledged the same & appreciated for my honesty & accepting the fact that this is a profile mismatch case. I came back to India & had a word with India HR. I told them since you have hired me you should have screened the applicant properly. I requested them to put me in some other business. They clearly told me that we do not have any other opportunities at present. They made me sign one month notice for discontinuation of services. My services end on 31st July 08. I really want to take legal help here since the new employer persuaded me to join there organization before I completed my three months notice in the previous organization. And secondly i think this was a hiring defect & the India HR should have thorougly screened my profile before issuing me the Appointment letter. Can I go ahead & claim damages against new employer till the time I get another job. Pls advise on the same.
Manish Singh
(Expert) 15 July 2008
its not only their fault since you were also liable to check the job profile before joining the same.
But if the termination is illegal u can claim damages.
