Termination not evoked

You have posted that: "Phone recording /email communication was given to compliance officer to show that no unauthorised trading was done and client was fully aware of trades in his account.Fearing that I may go to court against company for hiding recording and terminating me without sufficient proof ( as recording was with the company,it was responsbility of company to produce it and use as proof against clients false complaint)

Company is not allowing me to work /nor accepting my resignation /nor giving me any complaint which client as given against me?"

You have won your case. Why should you resign and press for acceptance? You should demand to withdraw the order of termination, reinstate you with full back wages and charge this compliance officer and appointing authority, Director etc and claim damages….You can think over for criminal proceedings and breach of trust.

It is felt that a legal notice may be sufficient for this company.

You may submit a gentle representation in writing addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary with a copy to Head-HR narrating and covering each attempt made by you by phone, email, in person giving date of each one. You may request in writing under acknowledgment to allow you to examine your personnel file. Even if company maintains studied silence the copy of your letter shall be useful at appropriate time in appropriate forum.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies allot fancy designations and strive to convince the employee he/she is not a workman as many enactments favor the employee and limit the options to employer. However designation alone does not decide employee is a workman or not.

If you decide to separate at a later stage:

For gratuity you may submit form I to company with a copy to Controlling authority which may be ALC in your case, under acknowledgment from both. Employer should pay gratuity within a month of separation or shall have to pay interest on it.

You may demand to supply you the FNF statement, and acknowledgment issued by PF office. Or you may obtain the acknowledgment of PF forms submitted by you to company and ask to provide you the attested copies for submission by self to PF office.

You may go thru another thread. The employee of similar trade got reinstated under SE Act.

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Link:

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp

At present the problem is

                                 THEY HAVE NOT ACCEPTED YOUR RESIGNATION

                                 THEY ARE NOT ALLOWING YOU TO WORK

                                 ONE SOLUTION

                                 TAKE ONE FRIEND WITH YOU TO OFFICE

                                 ASK YOUR LOCAL BOSS TO ALLOW YOU TO WORK ON WHICHEVER SEAT HE ALLOTTS YOU

                                IF HE SAYS T^HERE ARE ORDERS FROM UP NOT TO ALLOW YOU

                                WRITE AN APPLICATION SAYING I HAVE COME ALONG WITH MY FRIEND TO WORK AS MY RESIGNATION HAS NOT BEEN ACCEPTED

                                ALSO SAY THAT PARTICULAR HEAD (GIVE HIS NAME ) IS NOT ALLOWING  YOU TO WORK IN PRESENCE OF YOUR FRIEND (NAME HIM)

                               TAKE AT LEAST THREE PAPERS AND TWO CARBONS TO MAKE TWO COPIES OF YOUR APPLICATION

                              GET SIGNATURES OF YOUR FRIEND APPENDING THE TIME AND DATE ON THE APPLICATION

                             WRITE BELOW THAT YOU HAVE NOT BEEN ALLOTTED WORK STILL I AM ON DUTY AND AM ENTITLED FOR TODAYS PAY

                              ASK YOUR HEAD TO RECEIVE THIS APPLICATION

                             NATURALLY HE WILL REFUSE

                            GET SIG OF YOUR FRIEND WHO WILL BE A WITNESS TO HIS REFUSAL

                            APPEND A STATEMENT BELOW THAT HEAD IS REFUSING TO TAKE THIS APPLICATION

                          BECAUSE HE IS REFUSING YOU HAVE NO ALTERNATIVE BUT TO SEND THE APPLICATION VIA REGISTERED AD OF POST OFFICE (NOT PRIVATE COURIER)

                           WRITE IT IN APPLICATION AND MAKE IT REGISTERED AD to your head and  cc to CHAIRMAN

                           KEEP ON SITTING IN YOUR BOSS CHAMBER OR IN OFFICE TILL CEASE WORK UNLESS THEY ASK YOU TO LEAVE

                         You are fighting injustice

                         DO IT THRICE AND SEE THE RESULTS OR COME HERE AND SAY NOTHING HAS HAPPENED

                         WE WILL SEE WHAT TO DO

Mr. Godbole has given valuable advice. Kindly follow it.

Have you submitted minutes of meeting with Director, CEO, Compliance Officer, covering all points that the call recordings were referred to by these officials but not provided to you, and no copy of the complaint of the customer was provided to youand as per call recordings listened by these officials "no unauthorised trading was done and client was fully aware of trades in his account." Hence there is no complaint and no fault at your end and the charges leveled in letter of the company attached by you are false and this letter should be withdrawn in writing.

Moreover this letter is not notice of termination. It is just a communication asking you to clarify the matter by meeting the compliance officer, which you have done. The compliance officer and Director, CEO, Dy.GM-HR should also file a communication/report that you have complied with their letter and attended the office and matter stands clarified and there is no charge on you.

Company may otherwise continue to maintain that their inquiry is not over without sharing any document, recording, copy of complaint, charge sheet with you.

Hence you should minute each transaction.

It shall be appropriate to approach a competent and experienced service lawyer/labor law consultant and proceed under expert advice.

BUT BEFORE YOU PROCEED WIOTH ANYTHING ELSE

THIS  DIRECT  ACTION IS NECESSARY

DO IT THRICE AND WRITE HERE WHAT IS THE OUTCOME

I FEEL ADMN WILL MOVE SWIFTLY

AND THAT TOO TO YOUR DELIGHT

Follow the advice of Mr. Godbole. If you can resolve the matter and retain your employment without any adverse effect in future this shall be the quickest and easiest soloution.

I would like to upto on development on this issue.

1.Company for first time given me clients complain ... forwarded clients email.... I recd this on 08/08/2012.

2.Company has given me termination notice for the same on 22/06/2012

.........................................................................................................................

I have submitted the phone recording to company on 12/07/2012 after this client had meet complaince officer in close door ( I was not allowed to be part of that meeting ) after there meeting company again started pressing me to give partial loss as settlement which I refused.

................................................................................................................................

3.Client complain is on 19/07/2012  ( assuming that client is now well aware that unathorised trading cannot be proved .the complian is for fraud) 

4.Company has asked for reply within 7 days in writing or email ( not mention to give explanation in person)

..............................................................................................................................................................

Few points of the client complain.

Advanced brokerage plan sold to him was fraud ... sold one year back on 08/08/2011 .. as per companys policy telephonic cofirmation is taken even after clients sign the agreement ... recording with the company.

Secondly I kept him assuring about recovering loss ...which is partly true as I was doing it with his knowledge and told him many times to take delivery and hold for six to nine months .. which he refused and it is part of our job to give sales calls which are time bound I simply did the same thing.

PLS ADVICE ME ON

Should I give reply himself or take help of legal person .. as company intention are clear to drag the case ..

what are other remedies for fast settlement.

Now going through this pls advise me on..

"Should I give reply himself or take help of legal person .. as company intention are clear to drag the case .."

It shall be appropriate to seek the counsel of a competent and experienced labor consultant/service lawyer and let your lawyer staructure and draft your reply/representation.

The link to another interesting thread mentioned in previous post is from a brkering house only. You may go thru it.