Termination with notice pay of 30 days but not paid
Amit
(Querist) 15 July 2015
This query is : Resolved
I was handed over the termination letter on 10th of Jun-15, with reference to my employment as Manager Finance at 'Jabil Global Services India Pvt. Ltd.' at sector 5, Manesar, Gurgaon.
Termination letter does not state any reason but states that I will be 30 days notice pay as per terms of my appointment letter dated 06th Jan-2014.
I handed over all the company's asset Laptop, Mobile, sim card and data card on the same day with HR. They showed me my final settlement amount computation which was approximately 79K and told me that since signing authorities are absent hence they will provide the cheque next day.
For three four days same reason was cited and there after my reporting manager informed me there is some mis- management in cash handling, due to which they are reconciling it for last six months and holding my cheque.
Although responsible person was not me but he was reporting to me, still I provided all possible details.But they are still holding the cheque and not responding on the same.The person who was handling this has confirmed to me and management over mail that every thing relating to me is fully reconciled now. But still they are holding the same.
But whenever now I follow up with them they are threatening to file FIR with Police.Responsible person for cash who is now reporting to my boss also told me that they are pressurising him to give misleading statements.
It on very clear now they are not intending to pay me and clearly stating that they will involve me in the litigation and police case if i demand the same. But without payment of 30 days notice pay their termination is invalid.
Further I will also like to inform you that the real reason of my termination is that I brought some financial irregularities against my reporting manager and few other management personnels due to which one of the close associate of my reporting manager was terminated two months ago with this charge.But others were bailed outof the situation due to reasons not known to me.
Lastly I have following documents to produce infront of any designated authroties -
1.Termination Letter dated 10th Jun-2015
2.Offer Letter for Joining with terms and condition.
3. Although I am not getting my appointment letter but their reference is stated in termination letter and can be demanded from employer.
4. Confirmation letter after 3 months.
5. Mail correspondence regarding all the reminders and confirmation of closure of issues during last 30 days.
6. Original documents of proof for my reporting manager towards fraud transactions.
7. My team members and few others are in full support to me and management is threatening them for worst.They can be witness.
I will request you to please advise what I should do now because I don't want to let them go with this kind of harassment which I & my family is going through.
Please confirm if the copy of documents is required now, for your advise.
Kumar Doab
(Expert) 15 July 2015
You have posted that:
---"Termination letter does not state any reason but states that I will be 30 days notice pay as per terms of my appointment letter dated 06th Jan-2014."
Hope you mean to say that
"Termination letter does not state any reason but states that I will be PAID 30 days notice pay as per terms of my appointment letter dated 06th Jan-2014."
---"I handed over all the company's asset Laptop, Mobile, sim card and data card on the same day with HR."
Do you have the acknowledgment?
---"They showed me my final settlement amount computation which was approximately 79K and told me that since signing authorities are absent hence they will provide the cheque next day."
Did they give you a copy?
Did you demand the copy in writing?
Did you minute this para in writing?
---"The person who was handling this has confirmed to me and management over mail that every thing relating to me is fully reconciled now."
This should suffice.
---"But whenever now I follow up with them they are threatening to file FIR with Police.Responsible person for cash who is now reporting to my boss also told me that they are pressurising him to give misleading statements.
"
Record (audio/visual0witnessed/minuted).
---"Further I will also like to inform you that the real reason of my termination is that I brought some financial irregularities against my reporting manager and few other management personnels due to which one of the close associate of my reporting manager was terminated two months ago with this charge.But others were bailed outof the situation due to reasons not known to me."
Did you report it to appointing authority,MD,Chairman.Board?
You can report your termination and harassment as well to good offices and let them relate it too.......................and probably Act.
---"3. Although I am not getting my appointment letter but their reference is stated in termination letter and can be demanded from employer."
Report it also to good offices and how can they bring any effect out of an unsigned document.
You seem to have a good case.
The Labor Law Consultant/service matters Lawyer/Law Firm........................Lawyer specializing in Company Matters...............Criminal law can advise you best and may opine that complaint u/s 406,420 can be filed and also a winding up petition and that termination order is bad.
The counsel that examined each document and input can guide you the best.
Rajendra K Goyal
(Expert) 16 July 2015
Keep all records relating to your work preserved. During conversation on telephone record the talks.
No letter regarding any irregularity was served to you. Send reminder in writing regarding your claim.
Amit
(Querist) 16 July 2015
Sir,
Please find the copy of Termination Letter enclosed.
Kumar Doab
(Expert) 16 July 2015
NO attachment found.
In Experts section there is no provision of attachment.
