Rakesh Reddy (Software Developer) 17 November 2015

Lay off due to compliance issue

Hi Sir,

I have joined a new company in August 2015, and working at client place, all of sudden on Nov 5th they dropped me a mail stating that my last working day is 13th Nov'15.

The reason they are saying is BG check report got submitted to client was late, hence client want to release me, but at the same time my company also releasing me.

If client is having the problem, then why my company should fire me out? Literally my family is totally depends on my salary. And they are saying that they do not pay after 13th Nov 2015.

Here the problem caused by current company late initiation for the BG report and previous employers late reply. However the problem is with client, but due to that they are releasing me is how fair? Actually it will push my career in trouble because of their negligence.

So could you please advise me on how can I move ahead?

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10 Replies

Kumar Doab (FIN) 17 November 2015

Has the company conveyed the reason in writing? Or it is verbal?

1 Like

Kumar Doab (FIN) 17 November 2015

As per your post it is not lay off but termination.

Rakesh Reddy (Software Developer) 17 November 2015

No, they haven't provided the reason in mail. I sent a mail for the reason on mail but they didn't replied yet.

Rakesh Reddy (Software Developer) 17 November 2015

Yes Kumar , you are correct, it is a termination not lay off. It was my misunderstand.

Rakesh Reddy (Software Developer) 17 November 2015

I am pasting the mail below.

Dear Rakesh,

Please consider this mail as a formal notice for the exit from services.

We request you to fulfill your duties and responsibilities till November 13, 2015. Post the proper handover, approved timesheet and clearance we will relieve you of your services effective November 13, 2015.

Further, salary to be processed during notice period will be kept on hold and will be processed together as F&F settlement.

In case of any changes in the above, the same will be communicated to you.

Kumar Doab (FIN) 17 November 2015

Apparently the reason is conveyed verbally.It is up to you to record and make an evidence. You have been supplied with notice of termination. Your right is to contest the termination,claim lay off and lay off compensation,damages,related verbally statement with written record...... The earned wages are to be paid on due date/fixed date...... You may consult your able labor law consultant and understand how to build record and defend your interest

1 Like

Kumar Doab (FIN) 17 November 2015

As per your post no compliance issues is involved as far as you are concerned and you are not the one to be penalized with termination.

1 Like

Rakesh Reddy (Software Developer) 17 November 2015

Thank You Kumar..!!!

Actually my worklocation is bangalore and now my native is Hyderabad, so can I run the show from Hyderabad or do I need to doit from Bangalore ?

Rakesh Reddy (Software Developer) 19 November 2015

Sir, Please let me know from where to start the process. Any place or only from only Bangalore?

Kumar Doab (FIN) 19 November 2015

You need to discuss the issue with your able labor law consultant in person and show all docs on record.

Your counsel after examining each detail may opine that the jurisdiction can be last location/any location where company has an office/location of Redg. office of the company/your current location.................../location of jurisdictional courts as inserted in appointment letter issue to you.