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Chandan Tyagi (Advocate )     17 September 2016

Termination from job

Hi all, One of my friend was terminated on the grounds asking for leaves. Oral confirmation was given by the management prior 30 days. Once he dropped email for leave confirmation, then the management didn't reacted on the email. But they sent a termination email on the grounds of leaves. We are working in a startup. We just want to know what can we do in this case as the company have also stopped the salary for the worked days. Please suggest.


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 5 Replies

Kumar Doab (FIN)     17 September 2016

You have posted that:

 

"Hi all, One of my friend was terminated on the grounds asking for leaves. Oral confirmation was given by the management prior 30 days. Once he dropped email for leave confirmation, then the management didn't reacted on the email. But they sent a termination email on the grounds of leaves. We are working in a startup. We just want to know what can we do in this case as the company have also stopped the salary for the worked days. "

 

Is it stated in termination order that termiantion is due to application for leave?

Has the company been supplying salary slip of each month?

Has the company declined to pay earned wages in writing?

 

 

 

 

Chandan Tyagi (Advocate )     17 September 2016

This is the termination email. Termination of your services from . This is to inform you that the management has hereby decided to terminate your services with immediate effect due to your negligence of company�s norms and irresponsible behavior. You have already been warned about the leaves yet you chose to ignore them. On the basis of the above you are hereby terminated & relieved from your services to and your last working day was�August 24, 2016. � Company have provided salary slip for August month but salary didn't credited in account. Also company have not provided any written decline for earned wages.

Kumar Doab (FIN)     17 September 2016

Apparently you have on record the submission of leave application!

Apparently the leave sanctioning authortity has not declined to approve the leave in writing?

Hence use of such language to cirumvent "You have already been warned about the leaves yet you chose to ignore them.'

Warn;;; Isn't it  the offensive word!

 

You have the option ot decline if you were never cautioned and to call back the termiantion order?

The allegation of misconduct is apparently to avoid payment of notice pay by company.

What exactly do you want now.

 

 

Chandan Tyagi (Advocate )     21 September 2016

the company have asked my friend to not to come to office. Now what we want is to get the 1-2 month salary in lieu of termination and also salary for worked days.

Kumar Doab (FIN)     21 September 2016

In case of termination the employer on its own should have paid FnF dues on LWD,or say within next 3 days or max. by usual pay day.

 

Approach a very able counsel specializing in labor/service matters.


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