Termination

Before doing anything, you have to read the appointment letter carefully or you can take the help of any lawyer.

Tell him not to submit resignation but be given order of removal from services.  If he submits resignation, he loses the opportunity to legally proceed against company.  Tell him to file for S.406 of IPC (criminal case) for not paying increments as per the offer letter. 

An employee, who came to be employed by Multi National Company came to be confirmed on clear and substantive post after a period of what is called a "probation period" generally. Admittedly, such an employee has all such perpetual rights under the contract of employment, or an agreement, or any standing orders, or rules framed in this behalf. The "conditions of services" are very relevant and those conditions of service have to be interpreted in light of the langague employed either under an agreement, appointment and confirmatory letter, or the rules. 

The employee should not surrender to the arbitrary and capricious asking of "resignation". The said employer cannot threaten that else his services will be terminated. The reason is that the said employee has a right to serve the employer till the age of superannuation, unless his services are otherwise dispensed with by following the actions under the rules. There are always provisions to the effect that if the services are no longer required, the employer has a right to serve a notice stating the reasons in support thereof and after making payment in lieu of notice, can terminate the employment. 

Here, the increments are denied for two years. Well, awarding, granting or releasing the increment would certainly form a "condition of service". If any injustice is caused by an employer in the matter of conditions of service, the employee can always demand for justice. And if the representation or demand for justice is not complied with, the employee can file appropriate proceedings in court of law. 

Non giving of increment furnishes a cause of action and it is advisable that the said employee should file a recovery application as provided under Section 33 (C)(2) of the Industrial Disputes Act, provided the said employee is falling within the definition of workman. The Labour Court or the Industrial Tribunal has authority to compute the money due under the terms and conditions of services. The Labour Court or an Industrial Tribunal would issue a recovery certificate, which can be enforced against the employer. 

Filing of Criminal Complaint under Section 406 of the Indian Penal Code would not serve the purpose. Because the fact is that if an employee resorts to such a remedy, it may punish the employer, if ultimately, the breach of trust is established, but the Criminal Court is not competent to adjudicate the dispute touching to the conditions of service and no monetary relief can be granted by the Criminal Court. It will be a waste of time according to me. Additionally, it will bring the element of rivalery with whom the employee has to perform his duties and ultimately win the bread, if not butter. 

I would be requesting for further information. Whether the Company has framed any rules, regulations or conditions of services, or standing orders? It will be your right to ask for the same. Request to furnish the same. Also attach the letter of appointment, letter of confirmation, and the rules or standing orders and conditions of services, if entered into by and between the parties. 

An employee, who came to be employed by Multi National Company came to be confirmed on clear and substantive post after a period of what is called a "probation period" generally. Admittedly, such an employee has all such perpetual rights under the contract of employment, or an agreement, or any standing orders, or rules framed in this behalf. The "conditions of services" are very relevant and those conditions of service have to be interpreted in light of the langague employed either under an agreement, appointment and confirmatory letter, or the rules. 

The employee should not surrender to the arbitrary and capricious asking of "resignation". The said employer cannot threaten that else his services will be terminated. The reason is that the said employee has a right to serve the employer till the age of superannuation, unless his services are otherwise dispensed with by following the actions under the rules. There are always provisions to the effect that if the services are no longer required, the employer has a right to serve a notice stating the reasons in support thereof and after making payment in lieu of notice, can terminate the employment. 

Here, the increments are denied for two years. Well, awarding, granting or releasing the increment would certainly form a "condition of service". If any injustice is caused by an employer in the matter of conditions of service, the employee can always demand for justice. And if the representation or demand for justice is not complied with, the employee can file appropriate proceedings in court of law. 

Non giving of increment furnishes a cause of action and it is advisable that the said employee should file a recovery application as provided under Section 33 (C)(2) of the Industrial Disputes Act, provided the said employee is falling within the definition of workman. The Labour Court or the Industrial Tribunal has authority to compute the money due under the terms and conditions of services. The Labour Court or an Industrial Tribunal would issue a recovery certificate, which can be enforced against the employer. 

Filing of Criminal Complaint under Section 406 of the Indian Penal Code would not serve the purpose. Because the fact is that if an employee resorts to such a remedy, it may punish the employer, if ultimately, the breach of trust is established, but the Criminal Court is not competent to adjudicate the dispute touching to the conditions of service and no monetary relief can be granted by the Criminal Court. It will be a waste of time according to me. Additionally, it will bring the element of rivalery with whom the employee has to perform his duties and ultimately win the bread, if not butter. 

I would be requesting for further information. Whether the Company has framed any rules, regulations or conditions of services, or standing orders? It will be your right to ask for the same. Request to furnish the same. Also attach the letter of appointment, letter of confirmation, and the rules or standing orders and conditions of services, if entered into by and between the parties.