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Asif Khan   05 August 2016

Termination without prior notice and wages

Dear All,

One of my friend is working in a Pvt Ltd Company in Mumbai, employing around 300+ employees. He joined the company on 21/10/2015 and he got the Letter of Appoinment but he has not been given the Confirnation Letter yet. Today i.e 05/08/2016 he was verbally informed that his services has been terminated since 1 month even though he was in attendance from past 1 month. He got to know about this when his salary for the month of July 2016 was not credited and he asked the HR for the reason. The HR told him that you are terminated from past 1month and the HR has informed your manager about this last month and now its your managers fault that he has not informed you. 

When he asked about the salary to the HR. The HR asked him to give the resignation letter and then told him take the full and final cheuqe on 30th Aug 2016. 

I would need you help that in this case what should my freind do. Please reply

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 16 Replies

Kumar Doab (FIN)     05 August 2016

If a person has been terminated 30days back in records of employer and maitained by HR personnel than how can he/she be asked to tender resignation after 30days?

It is a matter of common sense! 

 

You yourself can make it out.

The resignation letter is being demanded so as to cover the non payment of wages on due date and square off the dues by adjusting notice pay.

 

Termiantion is by speaking order and not by gossip, corridor chats and/ or Mohalla talks.

 

Have you resigned?

 

 

 

 

 

Kumar Doab (FIN)     05 August 2016

Demand of resignation is offence and can be termed 'Deemed Termination'.

In that case you can ask for earned wages of last 30 days and notice pay.

 

Asif Khan   05 August 2016

Originally posted by : Kumar Doab
If a person has been terminated 30days back in records of employer and maitained by HR personnel than how can he/she be asked to tender resignation after 30days?

It is a matter of common sense! 

 

You yourself can make it out.

The resignation letter is being demanded so as to cover the non payment of wages on due date and square off the dues by adjusting notice pay.

 

Termiantion is by speaking order and not by gossip, corridor chats and/ or Mohalla talks.

 

Have you resigned?

 

 

 

 

 

No Sir, he has not resigned yet and he has also asked the same question as you have written. But Sir please guide me what should he do if they are not listening to him. Is there any legal course of action.

Asif Khan   05 August 2016

Kumar Sir

Please reply

Kumar Doab (FIN)     05 August 2016

Download attendance record.

Download proof of demand of resignation (audio/visual/witnessed/minuted).

Is it possible? 

Kumar Doab (FIN)     05 August 2016

Download evidence (audio/visual/witnessed/minuted) that he has been terminated 30days back and his manager has not informed him.

Is it possible for you?

 

How are you related with this  matter?

 

 

Asif Khan   05 August 2016

Sir I am his best friend and as he is in technical field he does not have knowledge of Laws and Rules. I want to help him as I am somewhat related to this field. He has the salary slips and attendance records can be obtained but the proof of verbal communication is not available.

Asif Khan   05 August 2016

He does not have any proof but he has his collegues as evidence as his two of his collegues have also been terminated the same way. 

Asif Khan   05 August 2016

He does not have any proof but he has his collegues as evidence as his two of his collegues have also been terminated the same way. 

Kumar Doab (FIN)     05 August 2016

'I am somewhat related to this field.';

How are are you somewhat related with this field?

 

 

 

Kumar Doab (FIN)     05 August 2016

The other two terminated colleagues were separated by termiantion order or resignation?

Like in this case?

If they were terminated by backdated order of 30days did they put date of its reciept by them?

Why don't you or he downloads evidence next time?

Is it possible?

 

 

 

Asif Khan   05 August 2016

I am doing CA and I also handle Salary related work in my current office so I am in constant touch with my companies HR. So I have a bit knowledge about HR related work. 

I found this wrong happening to my friend and I am trying to help.

The two guys also have not submitted the resignation and they too were informed about the termination today itself.

Asif Khan   05 August 2016

All the three have same case.

Kumar Doab (FIN)     05 August 2016

The termination order can not be signed by anyone other than person made competent by Board.

It is speaking order and has to be issued/delivered/supplied.

It seems to be tactics som as to claim that 3odays period was notice and employee worked and paid and/OR to press the employee to extract rsignation with immediate effect.

 

Download evidence of both demand of resignation and that termiantion order was claimed as not communicated asnd issued and supplied to employees.

 

Are they asked verbally not to attend the office?

If yes that may write to good offices of appointing authority,MD and narrate everthing and that they are not allowed to enter and perfrom their duty.

What is the ground of termination?

 

Engage a very able counsel specializing in Labor/service matters.

 

 

 


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