Termination of services listed pvt ltd company
Guest
(Querist) 26 March 2019
This query is : Resolved
Hello Sir,
I am working in a Pvt Ltd IT company in Mumbai since Jun 2017. The company sent e-mail show cause notice for not attending office regularly and attendance shortfall of mandatory 9 hr 15 min to which reply was sent last month. In the meantime they have sent more e-mails regarding termination of services and to meet HR today. I have lost my ID card so they issued temporary ID card later security took it back. I received another e-mail show cause notice about attendance shortfall. Please reply is it legal for employee not being allowed entry office and given notice regarding attendance? As per the employment terms issued by the company at the time of joining if employee is asking to be released from services he s/he has to give 3 month notice, the company can terminate with 1 month's notice. In this case as I did not submit resignation they are terminating without intention of paying 1 month's salary. Kindly advise as the reply to company's show cause is due tomorrow.
Regards, Sabu
Guest
(Expert) 27 March 2019
When the company intend to terminate you, how you have assumed that "they are terminating without intention of paying 1 month's salary?"
Guest
(Querist) 27 March 2019
Hi,
The company sent e-mail show cause notice yesterday and did not allow inside the office. As advised by my lawyer today I submitted an applicaiton with all supporting documents in the labour commissioner's office. If required I will file a case in civil court. They have given a notice yesterday and termination letter today saying they will release the salary after I complete their clearance process i.e. returing library books and obtaining clearance from all departments.
Thanks,
Sabu
Guest
(Expert) 27 March 2019
But where they have stated that they would not pay you one month salary, if they do not serve you the due notice period?
For full and final, you have to get clearance from all the concerned departments by depositing their property. You should not expect salary by keeping their property on hold with you.
Guest
(Querist) 28 March 2019
Dear Sir, either you do not know how HR functions or you are living in an ideal world. Let me tell you that most IT companies in India have a whole department of people skilled at cheating honest and sincere employees in the name of 'saving money' or 'cost cutting' or whatever justifies the salary they get from the revenue generated by the working staff. These support staff do not generate revenue for the company, they can only 'save' money by some strange means that any unsuspecting employee overlooks or is too busy with work to ignore. It is not like in US or Europe where employees don't get cheated like in this country.
There for dismissing an employee for even a small discrimination leads to suing the company for hefty sums of money in damages.I am not going into the circumstances around suing - all I am worried about is getting paid my dues in time.
The organization has kept me constantly working without leave or vacation for almost 2 years. I was in USA projects where we don't get any leaves. I have been out of the project for only 2 weeks and the HR has been after me. They want to irritate me enough so I throw in my papers.
Four months back I got an excellent offer and I served 3 months notice still the manager did not give a confirmed release date. My offer went out of hand - I am not worried because I keep getting good offers every now and then.
I informed the HR fellow that I have earlier served notice and not been relieved in time, now after that bad experience I have had due to the indecision of the people concerned I will NOT put in my papers.
When we put in papers they can release the same day, so they wanted to release immediately. They will not issue experience letter or settle the salary and dues etc.. till another month or more. They will let go as if the employee has been a burden on them! Why sudden change in attitude when you have selected a candidate through an extensive selection process????? Why a sudden change when an employee has been working sincerely without leave or vacation????? What will others think? How do you imagine if you leave your employees high and dry they will not tell others??? Many companies have fired in large numbers and till date they are not getting a single good employee because candidates will not apply to companies that have a bad reputation.
Now coming back to my case, I have not replied to their show cause. I have just taken details of my attendance from the company's web portal. I have not been assigned a desk but request for desk has been rejected! All this is available in the company's web portal. Do you expect me to come to office and loiter around????
If the company is interested to shoo away employees because they have no tasks or work to give him that is OK. That is understandable, market conditions are not same always.
They should clear the dues, settle the full and final before fiscal year end Mar calculating total salary and perquisites, tax deducted etc. If they do not complete all this calculation in time, before end Mar, they should complete that first. Sending employees out in hurry is not going to help anybody.
Thanks,
Sabu
Guest
(Expert) 29 March 2019
Mr. Sabu,
First of all, you preferred to remain anonymous that itself reveals that you can't pose trust on experts. You should know that the anonymous persons don't deserve any help. Secondly, your your own question was baseless without any background, but you preferred to rebuke the experts, if someone tried to help you, instead of giving clarification to his questions.
Your long description reveals as if you presume too much about yourself, your employer as well as the experts, as you perceive yourself to be extraordinarily knowledgeable person than the experts with decades of practical experience.
In your original query, when you did not give any background history of the case, could you feel that the experts would be able to predict, what happened to your resignation case. You have given simply a post operation history about receiving company notice, not even making any statement on what basis you assumed that your resignation was accepted by the company. Rather, your description was quite faulty. On one hand you have stated, |I am 'WORKING' in a private limited company" whereas the instance of company notice indicated that you have been absenting from duty, but why absenting and since when, as you have never stated that you discontinued to attend your duty after expiry of your notice period and on what ground. Did you believe that official relief from duty was not necessary after due acceptance of your resignation notice?
When you don't know even the simple thing to get clearance in the shape of 'no dues certificate' from all the concerned departments of the company after depositing all the company assets, including the ID card (which you stated to have lost), When you are so careless, I wonder, in what way you assume yourself to be knowing much more than the experts, having decades of practical experience, and declare them to be not knowing how HR department works!
Anyway, when you believe that you know much more about working of HR than the experts do, why did you feel the need to waste your time as well as the precious time of the experts by posting your vague query without giving any background of the case at the LCI. You could have gone to some local lawyer, who could work as per your own perceptions and to file a case as per your own knowledge or whims and fancy and further toiled for years together in the courts to get the verdict of the court.
Further, when you knew well that most IT companies in India have a whole department of people skilled at cheating honest and sincere employees in the name of 'saving money' or 'cost cutting' or whatever justifies the salary they get from the revenue generated by the working staff, why did you prefer to keep stick to the company, which was filled with such type of cheating employees? You could have resigned much earlier before the completion of the project. Question arises, when for long time you could not receive any response to your 3 moth notice, why did you remain silent for all these three months and did not pursue your resignation case matter to remind them that you have already served due notice and you should be relieved on due date of expiry of notice.
You may agree or not, companies work for their own benefit and the employees are conscious about their own interest. Nothing is mutual. If you have chosen for service, you must also be acquainted with their culture, rules and regulation, besides yourself also accustomed to work as per the prescribed rules of the company, not at your own whims and fancy.
So, now, you may better consult some local lawyer and do whatever you feel proper as per your own super knowledge about the company rules and regulations and the cheating habits.
Guest
(Querist) 29 March 2019
The point I was trying to make is the way companies operate in this country as compared with other countries - I have worked outside as well. There they have set policies and guidelines very easily understandable by everybody and very very few people to 'manage people'. Companies treat their employees with great consideration, employees are seen as assets, not as foolish people who should be cheated somehow or other. In your long and lengthy mail the tone is very distinctly pro company. The company is an all knowing all seeing organized set up and the employees who work don;t do their work but have to be constantly monitored. Please understand this is the mindset of the managers of the 70s or 80s. The millennial and gen x employees and managers are an entirely different lot. I have studied technology as well as management. In management we are taught both the old and new methodologies. I have also independently managed large 100+ global delivery project in a multinational company. I can assure you people who have worked with me are most productive and happy lot. I have managed very senior people as well as very young inexperienced people and I can tell you 99 percent of managers in this country don't know what is management. We all study the same books but most people do not understand the simple thing what is management. Since the lengthy mails exchanged with you have mostly centered around management or mismanagement and my dissatisfaction with a particular organization's management I am writing this. If we want to understand any problem we should see both sides. We cannot become prejudiced against any side and hope to be able to understand the problem leave alone advocating or judging a person. People in the legal profession do not rely on experience - every case is different so without completely understanding a case they cannot arrive at a conclusion.
I have put forward some points for the sake of an argument. I saw in another case somebody has written his problem that his wife has left him and he has got ex parte divorce. You have written his story is not believable. Why? I have read his case and I have heard many similar stories. It is exactly what women will do. I am not saying anybody is at fault in his case but I am saying what that poor fellow has written is a sad story. Do you know who suffers in this type of cases the most? The child. The child is neglected through out his or her life. If I were asked I would have suggested that please do whatever you think best for your child.
I mean nothing against anybody. I respect your opinion and I am happy you took the time to read my mail and understand it is a genuine problem. I thank you for words of wisdom in fact this is the very reason I post problems here.
Guest
(Expert) 29 March 2019
Your question is about termination, while termination has not yet happened. At first you stated about your termination, while no termination happened yet. Thereafter, you stated that I do not have HR knowledge, and now you side tracked the issue to the point of comparison of Indian companies with the foreign companies. There was no point of comparison of Indian companies with foreign companies. You should have restricted your description to the real problem that you faced.
What I feel, you could not decide, what exactly is your problem
Guest
(Querist) 18 August 2019
Dear Sirs, I sent notice of Reinstatement in the same company with full arrear wages cc Labour Commissioner's office. The company refused to re-instate in service responded by e-mail. Thereafter they have been summoned by Labour Commissioner's office 3 times but have not attended any session. This Labour Commissioner called the company staff by phone and asked to attend the next meeting and also sent notice via mail. In the meantime the company is asking me to collect the salary dues and PF from office. Should I collect the PF at this time or should I wait till the meeting?
Guest
(Querist) 18 August 2019
should I collect PF when I am asking re-instate in service?
ashok kumar singh
(Expert) 06 January 2020
agree with earlier expert's opinion,
thanks' & regards'
ashok kumar singh,
advocate
