Mr. Mahesh has given valuable advice.Kindly follow it.
Termination has its own long term implications and burden on employee. If you can manage the employer to call back order of termination and accept your resignation this may be a better option.
It is felt that by the statement “they mentioning that I have resigned and need to serve notice period which i didn't and so I need to pay company a sum equivalent to one month salary.” Probably company is dropping hints to you. You may read between the lines and confirm in person and if acceptable to you may trade with company however obtain acceptance dated ….{after termination on letterhead of the company with seal and signature of appointing authority with good comments and ensure no termination order gets inserted in your personnel file an if there is any it is removed } of resignation on the spot.
You have posted that:
--“ As far as my termination is concerned I don't have a written notification from their end but have a mail from the CEO of the organisation marked to my immidiate boss where he mentioned that they have terminated me.”
If you this email you have a document on record that you were terminated.
--“ Now when I asked them for my full and final settlement then they mentioning that I have resigned and need to serve notice period which i didn't and so I need to pay company a sum equivalent to one month salary.”
If you have not resigned there is no document on record to show you have resigned. It is felt that this response of company is verbal.
Moreover even if employee has resigned company may terminate instead of issuing acceptance of resignation. Who can stop the company from doing so? Termination shall have to be contested, if employee decided to do so.
--“ they terminated me on certain grounds and I have accepted the same.”
Have you accepted in writing and do you have copy of acceptance submitted in writing and the acknowledgment of your acceptance submitted by you to company?
If yes that would be another document on record.
As you have been terminated company needs to honor its own contractual obligation and tender notice pay and salary for period you have worked.
--“your services are liable to termination at anytime without any notice and without assigning any reason.”
Has the company assigned any reason for termination in termination email?
If no company has not leveled any allegation of misconduct etc.
It is felt that company has not supplied any hard copy of the termination order so far to you. Company might have inserted some copy/communication in your personnel file.
It shall be pertinent to request the company to allow you to examine your personnel file being maintained by company in its HO. In all probabilities company shall maintain a studied silence on it and shall not reply in writing.
--“Your manager observes you for 30 days if he found you are not appropriate for the job we can terminate you without any payment."
It is felt that this is a bad and may stand test of law. No one should be put to work without paying for it.
--“"You will be on probation for a period of three months from the date of appointment, which may be extended on the discretion of management.”
Has the company conducted any appraisal before end of probation period, in writing with a copy to you?
Company might have inserted in your personnel file.
Employer should provide correct proof of all changes in service conditions, employment in writing.
--Normally FNF dues should be provided by next pay day.
As per provisions of IESO Act the service certificate and FNF wages should be provided on last day in office or within two days.
You may check if IESO is applicable to your establishment and if it has framed its certified standing orders and extended it your designation. If certified standing orders are not framed model standing borders shall be applicable
{ attached}.
If your establishment is under SE Act you may go thru the act applicable to your state.
You should submit a fitting reply addressed to the good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR for payment of salary {by bank DD only in a case like yours}, and correct FNF statement on letterhead of the company under original seal and signature by hand of the competent employee along with his/her full name/designation/dept/address below his/her signature , FNF amount by bank DD only, Form 16 as per correct FNF statement , work experience certificate/service certificate, NOC/NDC, relieving letter, PF number, attested copies of PF withdrawal/transfer form {submit the forms} for submission to PF office by employee etc by redg post so as to reach within next 7 days.
Kindly note that HR may not provide any relief to you until you have a handle on company, as HR has to serve its masters, who might have issued verbal or written instructions. So you may escalate to good offices under acknowledgment and try and meet them and convince them.
If good offices also do not provide any relief you may proceed as deemed fit at your end.
You may consult elders in the family, competent and experienced well wishers, lawyer law firm and fine tune your representations as suitable to you.
In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
