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Parminder vashisht (Dy manager)     31 July 2014

Termination from service

Dear sir,

             I have joined a private limited company in feb,14. I was on probation for six months. I was obeying all rules of company,but on 19th July,14 suddenly company asked me to leave the job. There is no reason. They are denying to pay notice period and did not give me time to search.

         Please advice now what I have to do.

 

regards

Parminder



Learning

 6 Replies

B.T. RAVI (LEGAL MANAGER)     31 July 2014

A. Your appointment, standing on the basis of  contract between Employer and Employee. At the time of joining the duty, Have you received the Appointment Order ?,. If yes, kindly contemplate the whole appointment's order terms and conditions. You were in observation within the meaning of work efficiency of the company. During the probationary period Company Management can be taken any decision regarding your employment under inefficiency, in discipline, negligence of work, violation of management rules and regulations, etc. 

B. However, notwithstanding anything contained in A reply, you can issue legal notice to the Human Resource Department to know the reason for termination of the employment. When you received the reply from the HR Department that if you are not satisfied the reason of the company, you can approach the Labour Court for appropriate relief. 

Parminder vashisht (Dy manager)     31 July 2014

Dear sir,

     I have an appointment letter mentioning all conditions you have written within six months,but till now not a single person from my deptt told me the reason. Only a person from hr is dealing with me. I have set all the work assigned to me,but records are lying in the deptt.

please suggest,

 

regards

parminder

Parminder vashisht (Dy manager)     31 July 2014

Dear sir,

     I have an appointment letter mentioning all conditions you have written within six months,but till now not a single person from my deptt told me the reason. Only a person from hr is dealing with me. I have set all the work assigned to me,but records are lying in the deptt.

please suggest,

 

regards

parminder

Sudhir Kumar, Advocate (Advocate)     01 August 2014

It  is you who believes that you were obeying all the rules.  But the view of the company is clear in their actions.

B.T. RAVI (LEGAL MANAGER)     01 August 2014

I have already written in my reply B clause. Kindly recheck the same.

Kumar Doab (FIN)     01 August 2014

You have posted that:

"company asked me to leave the job"

Did you record the call/meeting (audio/visual)?

This implies that you were asked to resign.

Demanding resignation can be termed offence. Forced resignation can be termed 'Deemed Termination".

HR is not your employer. He/she is just another employee in the company and probably also not competent to sign appointment letter, termination.

 

You are well within your rights to write (under acknowledgment) to good offices of appointing authority, MD claiming that on Dated.............................Mr/Ms......................designation......................Dept......................in office...................demanded your resignation without explaining the reason and authority to raise such demand.

The whims, fancies, perception of the company's employees in HR etc does not matter, it has to communicate clearly in writing the reason for separation.

It is upto you to deal the matter in the manner as deemed fit looking into your priorities in future.

Even after extracting resignation company and its HR may record in your personnel files  that you were asked to separate that may affect BGV in future.

It shall be appropriate to consult a Labor Consultant/Service Lawyer before you proceed on your own.

 

 


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