Termination without paying salary

Dear Gorakh,

I have gone through your comments. would like to see your appointment letter copy and the non disclosure agreement signed by you with the company before giving any opinion on this issue.

You may call on 9324538481 for further discussion.

Regards,

Advocate Rohit Dalmia

Mumbai

Dear sir,

Previous company not gave the offer letter and appointment letter and when I resigned from that company and gave 7 days notice period and joined a new company now current company asking me to submit releaving letter.

when my current company send verification to my previous company now they are telling he was absconded from my company even I gave one month effort and salary to previous company.

Please suggest me what should I do?

Mr.Gorakh,

The terms of the employment, either on contract basis or permanent employee basis would be governed by the contract between the organisation and the employee.

There are no laws as to how much an organisation should pay to any professional. It solely depends upon the agreement between the employee and organisation.

However, the issues related to removal, termination, payment of minimum wages, workmen compensation etc are governed by the labour laws in India, irrespective of Service contract between the two. Most important thing to be noted here is that these laws would apply only to those employees who falls in the category of “Workman” under Labour laws. Any employee whose duties is of managerial nature or has power of managerial nature is not a workman under labour laws and hence issues mentioned above in his employment would entirely be governed by the Employment Agreement and not by any Labour Law.

You have posted that:

--'I got a call from HR on 17 July that they are terminating my service and demanded my resignation immediately."

Company decided to terminate you and demanded resignation and you submitted resignation on demand by hand in office. Did you obtain any acknowledgment on the copy of resignation? How would you give evidence that you had submitted resignation?

You could have agitated as it is forced resignation. You could have withdrawn the resignation.

You have submitted notice of resignation as mentioned by you in your post. Did you mark attendance for these 7 days?  Did the company instruct you not to attend office during notice period, in writing?

The company has not leveled any charge on you in writing, has not conducted any inquiry and has not terminated you in writing.

Have you submitted any confession in writing that you were doing computer maintenance work of previous employer?

Do you have any evidence of adverse/bad comments of being absconding in your reference check? From which date you are declared as absconding: date of submission of resignation or date of expiry of notice period of 7 days? If you can obtain the copy of reference check and catch the false statement of company it may help you.

The company has taken you for a ride and has declared you absconding.

Did the company issue any communication by email, letter, notice, legal notice declaring you absconding?

If at all company does settlement it shall adjust notice pay in FNF settlement and square off your dues.

What is the designation as per appointment letter?

If is trainee then it is felt that no notice period is applicable.

If notice period is say 7 days you may enclose copy of your resignation and demand acceptance and settlement and payment of  wages of 21-7=14 days.

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.

Rama Sir,

My duties were not of manegerial nature. Neither they had manegerial power. It was more of a salesman selling product directly to customers over internet chat.