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Swati (HR Executive)     27 May 2015

Need help in termination case

Dear Lawyers,

I am Swati working in a company as HR. I am in probation, since the company is not doing good business they actually want me to leave. As the company is not ready to accept that they are in bad Financial situation they are framing me taking my team members help. They are unabe to give any reasons for termination so they are now terminating me on the ground " Discouraging Employees". I want to understand if I take legal action on them will it help me?. Is this reason valid for Termination?. Also I have found that the company is not paying PF of the employees, TDS and also service taxes from long time. Please suggest.

Best regards

Archana



Learning

 3 Replies

bsrao   27 May 2015

It is not worth fighting private employers in India. No matter what, you'll not be reinstated. There is no point in marring your future. I suggest you opt for no-hassles release and seek your future elsewhere.

Kumar Doab (FIN)     27 May 2015

You are being asked to leave::::::that implied you are being asked to write down our own resignation!

 

You are being intimidated,coerced.

The onus to prove that you were asked/intimidated to resign may fall upon you.

Gather irrefutable evidence::: audio/visual/unshakeable witnesses/minutes etc.....

You may also gather evidence of non payment of PF,ESIC,taxes etc................and register of employees/payouts etc...........

 

United employees are properly informed and supported. Seek support from Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc............

 

If at all you resign submit notice of resignation under proper acknowledgment.

You can very well withdraw notice before expiry of notice period.

Resignation can not be accepted before expiry of notice period.

Once you have irrefutable evidence you will have leverage and arm to negotiate e.g. you will remain on rolls till you find another employment, will get excellent comments in relieving letter,and will get advance (equivalent or more than monthly wages/PF etc) till you resign.................acknowledgment of notice of resignation/acceptance,saalry slip of all months,PF number with a/c slips of all years,ESIC card, correct original FnF statement showing earned wages/Gratuity/leave encashment/bonus/OT etc....., Form16 as per correct FnF statement,NOC/NDC,service certificate,etc......

 

Frim up your next venture ASAP.

Vikas Nain (Advocate)     28 May 2015

Hi Swati,

Please file a complaint to Labour Commissioner.


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