Wrongful termination
SWAPNIL WAGHMARE
(Querist) 27 September 2017
This query is : Resolved
I am Swapnil waghmare, I am worked in one of the small scale company(Credentek Software & Consultancy) as a permanent employee from DEC 2015 to June 2017, My company terminate me without giving any warning letter and one day notice period, after next day I am done some mail trail with HR and after that they allowed to pay 2 months salary to me, but they are not given Experience letter and reliving letter to me What can I do,Company not given any valid reason to me for termination and they don't have any proof Please Help me
Detail Regarding
1.Company give me 2 Months Salary after I mention here I have Confirmation Letter after 6 month in that clearly mention,
"Please note that all the terms and condition of employment will be same except the Notice period tenure which will be of 2 months from both parties"
2. our organization is IT industry work on Banking Domain
3.I am working as a QA Engineer
4. Near about 20 Employee fire without notice period(1 Day) but no one raised concern about that I am raise concern that's why they terminate me
5.I am reporting only Manager but manager is like puppet only whole process handle by CEO if you argue the CEO then you fire next day
6. Working time near about 12 hr more than that
7. I have all document like PF account, salary slip,confirmation letter,appointment letter
8.i am working near about 1 year 6 month but they are not give me any appraisal, I am not receive any warning letter
9.they are terminate because CEO want I am worked on mumbai location at same payment, I ready to work in Mumbai but I am not ready to Stay in a Hostel I just want traveling expense in place of staying expense because my sister staying in Mumbai alone, but Finance guys told me we are not agree to pay traveling expense, thats why I just told him I am not able to work in Mumbai and From tomorrow onwards I joined Pune office thats the conversation between me & Finance guys
10. two office one in Mumbai & One in Pune near about (55 Employee)
11. I don't have any power i am just Employee
Rajendra K Goyal
(Expert) 27 September 2017
General problem with private sector. Write registered letter with AD to send you experience and relieving letter after receiving Full and final proceeds.
Kumar Doab
(Expert) 27 September 2017
Has the company agreed to pay 2 months’ salary in writing?
Kumar Doab
(Expert) 27 September 2017
For further discussion and inputs;
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
