Dear Sir, I was working with IT firm and due to my mother's illness I have to rush to my home town to take care of her and after that I got sick, for that I had applied my leaves on the portal provided by the company (as portal showing balance of 24 earned leaves) and informed to my reporting manager via email before leaving after one week I again applied leaves 2 times to self illness and for that I have provided all medical documents and laboratory reports. After that I have received a mail from my reporting manager that we can't afford leaves at such senior level and our business is suffering, in reply to that mail I have provided all my medical records for the ill health and requested to meet them next week. During next week meeting my reporting manager and HR manager forced me to resign and I refuse to resign and after that the same day they initiated my termination. As per my appointment letter, my notice period is 3 months. Now my questions are:- (1) How they can terminate my services without providing me any warning letter or counselling sessions? (2) Can they hold my dues, relieving letter, experience letter for indefinite time, as they are not providing me any confirmed dates for providing and presently am jobless person and to get new job, I need relieving letter and experience letter. (3) Am single bread earner for my family and am not rich from the background or I don't have any other source of income and for that I had asked them to pay me 3 months salary as per the notice period mentioned in my appointment letter but now they are refusing to pay the notice period. Am going through lot of mental agony as presently I don't have any job and to seek job, I need relieving letter, experience letter and also my due clearance on immediate basis. Please suggest me how can I get out of this trouble, as day by day am going into severe depression. Please help me out of this problem, I will be very thankful to all helping hands.
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if your services are terminated company is bound to give you salary for 3 months
2) issue legal notice to company to give you 3 months salary as provided in appointment letter
3) also seek experience / relieving letter
4) if company refuses file winding up petition against the company
5) in the alternative file summary suit to recover your dues
Dear Sir, In my appointment letter there are termination clause mentioned as below, does that mean that company will not pay me notice period salary? "The Company may terminate your service without notice if you are found guilty of the following. 1. You neglect your duties &/or non-performance of duties. 2. You are found providing part time/full time services to any other company while still employed with the company. 3. In case you are found guilty being involved in any fraudulent activities & / or Theft. 4. Due to integrity issue. 5. You are guilty of serious misconduct/misbehavior."
You did not attend office as you were ill
2) you are not guilty of neglecting your duty
3) there was genuine reason for your non attendance at work
4) you should get notice pay as per your appointment letter
1. If the employment offer letter contains that notice to be given either side for resignation or termination without assigning any reason, it is an obligatory on both the sides to abide by this.
2. First of all you should not accept the illegal termination, if you were terminated from the service without following the rules or conditions of employment. I f by chance you have accepted the same, then you should demand the terminal benefits including F&F, relieving letter and experience certificate and all other things that due to you from the company.
You can make a representation in writing to the top management ignoring the obstacles namely HR or your department chief etc, await reply or relief, if nothing is forthcoming even after a reasonable waiting period, you may contemplate to initiate legal action by first issuing a lawyer's notice demanding your rights.
3. You can contemplate to file a writ petition agaisnt the employer if you dont get justice even after your best efforts to reconcile the issue.
The termination clauses as mentioned in your subsequent post is from the company side.
Do you fall into any one of the condition that has been mentioned in the above.
Even then they cannot take arbitrary decision without a formal enquiry into the alleged aspect of misbehavior or misconduct.
Taking leave that too on medical grounds cannot be termed as misconduct.
You can initiate proper legal action to get relief and you will find the company coming down to redress your grievances.