Wrong termination from company.

What is your aim now: relieving documents or to contest termination?

Do you have evidence and can you prove that you informed HR for leave?

What is the reason of termination stated in termination order?

Is it all on record or in writing or it is all  verbal; “they first told me not to serve any notice period just for 3-4 days only and then they say do not come after my leave”

Did you submit resignation while on leave?

Have you been terminated while on leave?

While posting such queries employee should post basic information! 


What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT?

How many persons are employed in it? 


What is your designation and nature of duties? 


How many persons report to you? 


Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? 

You are in which state? 


Since how many months you are working? 
Is your employment confirmed or are you under Probation Period?


What is your monthly salary and break up?
Are you a member of employee's/trade unions?
Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card?

 Has employer issued offer letter or appointment letter or both? 


Have you resigned in writing by email/letter?

Do you copy of resignation, its proof of dispatch and delivery, acknowledgment from employer?

I want all my documents and my 1 month salary i.e. of feb 2017.

Yes I messeged her on whats app and i have that.

 Some rules stated in joining letter which i have signed during joining but i do not have that and I do not even remember that because it is of 2 years before.

Notice period is verbal while about not come is in whatsapp message from HR.

I was already on resignation during leave. i resigned the 2-3 days before my leave.

 

What is its nature of business say; IT?  IT Company.

How many persons are employed in it?  Near about 20.

What is your designation and nature of duties?  I was Executive QA/QC.

How many persons report to you?  No one report to me directly.

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?  No

You are in which state?  Chandigarh

Since how many months you are working?  Its been almost 2 years.

Is your employment confirmed or are you under Probation Period?  Confirmed.

What is your monthly salary and break up? 17K.

 Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card?  Yes

Has employer issued offer letter or appointment letter or both?  They did but did not give me. All documents they have.

Have you resigned in writing by email/letter? By email.

Do you copy of resignation, its proof of dispatch and delivery, acknowledgment from employer?  No

You have posted that:

“Has employer issued offer letter or appointment letter or both?  They did but did not give me. All documents they have.”

“Do you copy of resignation, its proof of dispatch and delivery, acknowledgment from employer?  No

And

Have you resigned in writing by email/letter? By email.”

Both are contradictory.

You must be having copy of Email under your email id!

Did you submit leave application also by email or it was by Whtasapp only?

Was leave accepted by Whatsapp message?

Or was leave declined by Whatsapp message?

Whatsapp chats can also be emailed.

https://chandigarh.gov.in/dept_labour.htm

PAYMENT OF WAGES ACT, 1936

Under this Act the Assistant Labour Commissioner has been designated as quasi-judicial Authority.

PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958

Under this Act the Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority……………………. This is very important Act, which regulate the working conditions of the workers in the Shops and Commercial Establishments.

https://chandigarh.gov.in/admn_struc.htm

https://pblabour.gov.in/Content/documents/pdf/acts_rules/punjab_shops_and_commercial_establishments_act_1958.pdf

22. Notice of removal. -- (1) No employee shall be removed from service unless and until one month’s previous notice or pay in lieu thereof has been given to him: Provided that – (a) no employee shall be entitled to the notice or pay in lieu thereof if he is removed on account of misconduct established on record;

23. Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof. (2) Where an employee contravenes the provisions of sub-section (1) his employer may forfeit his unpaid wages for a period not exceeding seven days.

30. Condition of Employment of women

Your query is not drafted properly and you have not replied to all points.

Apparently your employer is charging you with some misconduct so as to deny notice pay and/or allege some loss caused by you.

Post full facts of the matter.

If you are innocent and have facts/evidence/record then you may approach: ALC ( under both: Punjab Shops & Estbs Act and PAYMENT OF WAGES ACT),

Let ALC club all complaints.

Are you a member of any IT-ITeS employees /ITeS women employee’s unions/ employee’s unions/Trade Unions?

Have you resigned in writing by email/letter? By email.” Both are contradictory.   You must be having copy of Email under your email id!
 

Actually that is from company mail Id only and we do not have access from outside. It was simple resign and I did not even thought that this can be happen because there is nithing like that. So i did not bother to have proof or somethings

Did you submit leave application also by email or it was by Whtasapp only?  Whats app  only

Was leave accepted by Whatsapp message?  Not actually, HR told me to inform my Team lead for approval but i told her to tell him because it was an emergenc y and I can not come anyway.

Are you a member of any IT-ITeS employees /ITeS women employee’s unions/ employee’s unions/Trade Unions?

No I am not.

Your query is not drafted properly and you have not replied to all points. Apparently your employer is charging you with some misconduct so as to deny notice pay and/or allege some loss caused by you. Post full facts of the matter.

I have given them notice of 15 days but they did not accept and want me to leave in 3-4 days. that was fine for me. And then due to an emergency I have to take leave and because leave is not allowed in Notice period they just terminated me. the reason is actually my team lead that i did not informed him and he is the only reason that i RESIGNED that is why i did not informed him. I am sure because of only One leave either it is informed or not informed company can not terminate.