saritha (employee) 01 March 2013

Verbal resignation

Hi ....my employer has terminated my job verbally and issued a letter stating that I have resigned and broken a committment of 2 years with the company.

The contract says that either of us can give a months notice to resign or pay in lieu of notice to terminate the contract.

Now none of that has happened (my resignation or bond/committment) and because he has got a new employee for a lesser salary he wants to get rid of me .

He is saying a lie that I told him that I wanted to leave so I wanted to find out if

1 Can an employer say that the employee has resigned without any resignation letter

2 Can he also then say that I broke a commitment of 2 years though I have not signed any except the contract which does not have anything mentioned about the bond.

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1 Replies

Kumar Doab (FIN) 01 March 2013

You have posted the thread under Shops Act:

It would have been proper to have posted your location/state too.

Based on details posted by you the answer seems to be: NO.

e.g. SE Act Delhi:

30. NOTICE OF DISMISSAL:

(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:

(2) No employee who has put in three months’ continuous service shall terminate his

employment unless he has given to his employer a notice of at least one month, in writing.

34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES

COMMENTS

The object of the enactment is to furnish an accurate proof of employment to an employed person

35. Inspection of Registers and calling for information.

41. WILFULLY MAKING FALSE ENTRIES.

43. Determination of employer for the purpose of this Act.

Since the employer has made a statement in writing, you may contest it.

You can approach Inspector under SE Act.

Attached File : 79180302 delhi shops & establishments act, 1954.pdf downloaded: 155 times