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Ajay (Software Developer)     28 December 2011

Termination

I have been working with a Delhi Based IT Company since July 2010. During my Job confirmation they told me that I would have to sign a bond for 1 year and if I leave the company without giving a 2 months’ notice period I will have to pay 2 months’ salary. But the bond was never signed and these conditions are not mentioned in confirmation letter as well. Many of the employees have leaved the company due to late salaries for last 6-7 months and other issues with the companies policies. Now on November 19, 2011 Company terminated our services stating (verbally) you are being fired from the company, after having debate with the management. After not receiving any information for 2 days, when I contacted them they asked me to send my resignation.  Besides this they are also saying that my full and final settlements will be done after 45 days of resignations. The Company was also deducting Rs. 2,000.00 per month from my salary. Now I want to know is this 45 days time is legal? And am I eligible to get all that deducted money in case company fires me? And do I will have to pay 2 months’ salary if I reassign because my 1 year is not complete in the company.



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 3 Replies

Kumar Doab (FIN)     28 December 2011

You have posted:

-"But the bond was never signed and these conditions are not mentioned in confirmation letter as well."

Hence there is no bond. Company might have mentioned in the confirmation letter that other terms and conditions mentioned in the appointment letter shall continue to prevail. Hence you should refer to your confirmation letter and appointment letter. If there is any notice period and you resign without Notice Company shall deduct notice pay.

The whole drama seems to lower the financial burden on the company by taking the ill informed employees for a ride.

-"Many of the employees have leaved the company due to late salaries for last 6-7 months"

Shall these employees become a witness? Or do you have their employee code numbers? If yes then if the situation arises you can charge the company of delaying the payment of salaries in an unfair manner.

-"Now on November 19, 2011 Company terminated our services stating (verbally) you are being fired from the company"

Have you submitted any communication in writing that Mr/Ms.............announced on dated...............on office located at address...........that you are fired/terminated although you are not at any fault, and have you documented your telephone calls to the company.

If not then you are out of office since November 19, 2011 and company might declare you absconding and terminate you. Have you received any communication in writing.

You should keep the letters written and copies with you and are you willing to state that you have posted these letters?

-"The Company was also deducting Rs. 2,000.00 per month from my salary" Is there any clause in your offer/letter that company shall deduct Rs.2000/ as a security etc from your salary. Have you accepted such a clause?

-"Now I want to know is this 45 days time is legal?"

Ideally the company should handover all dues to employee on last working day e.g. experience certificate, FNF dues etc or say within next 2 days however some of the companies mention that in next 30 days a/c shall be settled, however your company wants 45 days.

But you have neither resigned nor you have been terminated nor have you been attending office.

Have you resigned?

What is your choice: you want to contest verbal termination or you want to resign in a back dated notice of resignation, or face termination, or you want to collect your dues and for that you are willing to accept all conditions of the company?

Ajay (Software Developer)     28 December 2011

Thanks Mr. Kumar,

I have not submitted any communication to the company about my termination but when I Didn’t received any information from company I wrote a mail to them on 21 Dec 2011. And when I didn’t get any reply for this I mailed a Reminder to them on which the replied that Director is out of city and you will be informed after he comes back. After that I contacted Director on phone then he told me that he (director) had stopped my firing letter and asked me send my resignation. Though, I have not send my resignation till now.  I think they are saying this because they do not want to pay my money. But if I resign then they will ask me to pay 2 months’ salary.

There was no clause for 2000 deduction in the confirmation letter and I was not given offer letter by the company.

Now I just want to collect my dues from the company.

Kumar Doab (FIN)     28 December 2011

It is not known what is written by you in your emails?

1. You are not attending office; hence company may or may charge you as absconding. Company seems to be interested in extracting notice pay and square off the payments to be made to you.

You are inclined to collect your salary, all wages, amounts deducted by company.

This is possible if company accepts your back dated notice of resignation with notice period (from November 19, 2011 till date) and directs you not attend the office/approves leave as a special case (without any deduction in FNF statement). This does not seem to be the choice of director.

However if company agrees you may tender notice of resignation and collect acceptance with comments suitable to you on the spot.

2. If you have any proof (audio/visual/letter/email0 that you were fired you can claim to have something.

It shall be appropriate to meet this director and discuss in detail in person and make him agree on your choice, if you can. Or you may agree to his solution that he may offer to you, if that is suitable to you.

You may submit resignation after everything is sorted out, preferably in writing. You may take a senior colleague, competent and experienced well wisher along with you while you negotiate.

 


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