Advice on termination

If your company has terminated your services for the cited reasons and have already issued you with a relieving letter, it means they do not have any dues to be collected from you towards any loss to the company.  Therefore the company's demand for Rs. 60000/- by holding back your documents is illegal, invalid and an act of blackmailing holding your documents for a ransom.  You either issue a legal notice or lodge a complaint with high level police officials for relief giving full details of your case.

Dear Sir,

Thank you for your reply.

Will consider sending them a legal notice.

Regards,

Niharika Tiwari

Dear Sir,

one of my friend is working in a company for more than 3months and he got terminated without prior notice and the company is  not giving his last months salary.

is there any way to get the salary? is the company bound to pay the 'termination pay'?

Thanks in advance

You can file a civil suit in labor court alleging victimization and  unfair labor practices and seek an injunction from court commanding them to returtn your certificates after   duly getting issued a Legal Notice to them. My cursor faced some technical snag on this site due to which I couldn't chat with you. Please press the Thank you button on my profile if you wish to thank me for this.;Please email me your doubts if any. You can find my email on lawyers club. Thanks!

Other thread initiated by the querist:

https://www.lawyersclubindia.com/forum/Advice-on-termination-90640.asp#.UmImO9KAqWM

Did the company state in writing ever say in job advertisement, interview call letter, offer letter, selection letter, offer letter, appointment letter, bond, any communication asking you to submit original educational certificates………………

Has it issued any acknowledgment of the certificates?

The original educational certificates can not be asked for, collected, or retained as collateral.

Reliving letter signifies employee has been relieved and nothing is due.

Has the company supplied FNF statement for acceptance by you showing the payables by you to the company, by company to you, FNF payment, Service Certificate, PF number/account slips for total tenure of service, ESIC Card, Form 16 etc………….Demand everything.

In your case company has issued termination order hence it has to tender min. notice pay………………………………

It should release the original certificates in a civilized manner or it can be in real trouble.

You should record (audio/visual) the transactions vide which company is demanding monies to release original certificates illegally held by it.

Approach your lawyer. Your lodge complaint with police/criminal complaint, Labor Inspector, Inspector under Shops and Commercial Establishments Act/ Payment of Wages Act………………………….

While you approach these Inspectors or their bosses e.g. DLC, labor Commissioner Hint that you are thinking to hold a press conference soon. This should make them work at a lightening speed.

Trade unions are also very effective in such matters. They know precise way to drill sense into the heads.