1. All his assurances were given verbally which you can not prove now,
2. If you ask him to comply with his assurances, he will simply deny having given any assurance to you,
3. So, you have no evidence to move legally.
Resign
Before joining I had an interview in which I informed my boss about leave to be taken on 24 Feb 2014 for two weeks and my boss agreed. I joined this company on 14 August 2013 and organisation was running smoothly. Actually my boss works for another company and processes some business from it to his organisation which I was not aware unless and until my boss was caught on 4 Jan 2014 and got terminated from his organisation. My boss promised me on the day on interview and again after he was terminated that it will not affect my career and he will concentrate more on his own business which is actually named to his father-in-law. My boss planned to start fresh but failed after numerous attempts to run his own organisation and suddenly on 24 Feb 2014 when I was on my way to my native told me to see another job because the organisation is shutting down. Henceforth this is your last month. It was a sudden notice to me without my fault. I was assured before joining that if something goes wrong with this firm my boss would provide assistance in placing me into another job. Kindly help me I am in great difficulty.
Asked 10 years ago in Labour
7 Answers
I have a recording of the conversation that he had with me when he got terminated from his organisation in which he again stated the same which he had before my joining. Moreover my one more doubt is if an employee is requested to resign due to failure of the organisation then should the employee be paid 3 month's salary.
Asked 10 years ago
1. There has to be adequate ground for winding up the Company,
2. There should be closure notice issued by the Company,
3. Lodge a complaint about it to the Labour Commissioner about te said proposed closure.
My full story goes like this. He works in a biochemical company as an Operations Head, manages and deals with suppliers for various raw materials required by his company. Later then he thought to start his own business in which he would buy goods directly from the supplier and manufacturers and give business to his biochemical company. Since August it had been happening such of which I was not aware. During auditing his company came to know that the material that they have been ordering is owned by his father-in-law and on 4 January 2014 he was called by the Vice President of his company for interrogation regarding such dishonest act. He was asked to resign from his office with immediate effect and he did so. Later day he narrated this story and told me that we will start the business freshly and seek purchasers because during this 4 months we had been doing business only with his company which suddenly stopped. January went by but he could not get any consumer to do business for raw material with his father-in-law's company and the time came for me to take my leave as discussed with him. The moment I reached my native he told me that this would be your last month and see alternate jobs for it. Upon my return I found the company which he was running was shut down and later I made a call to him and he said that he is also helpless and when I asked about 3 months salary then he said that already salary of Jan and Feb is paid to you despite zero business during these two months. But officially he has told me on 24 Feb 2014 then how would Jan and Feb be counted. It was a clear case of cheating from both ends, with myself and with his company.
Asked 10 years ago
Should I be paid salary in advance as compensation?
Asked 10 years ago
1. have you resigned from your Company from where he was terminated & joined him?
2. Has he given you any appointment letter?
3. If yes, then lodge a complaint before the local labour commissioner.
Were you relieved from the earlier Company before you joined the new company?. Was there an offer letter from the new Company? If the answer is yes, then lodge a complaint before the jurisdictional labour commissioner.
Yes I got an appointment letter given by him and some recordings too evidencing his statement.
Asked 10 years ago
But my question now is that as I heard if a company shuts down due to some unavoidable circumstances gives 3 months' salary extra after the resignation date. Is that true?
Asked 10 years ago
Enclose copy of the appointment letter to the complaint you are making to Labour commissioner and request for money due to you.
If the employer no longer requires the services of an employee (because the employer is in financial difficulties or the employer is reorganising his firm) the employer may need to make the employee redundant. Employer must ensure that fair procedures are followed which include giving the employee at least 2 weeks’ notice and paying the redundancy payment due to the employee on the date of dismissal. Employee is entitled to bring a claim for unfair dismissal if the employee considers that he/she was unfairly selected for redundancy or consider that a genuine redundancy situation did not exist. Please check the appointment letter if there is a clause for payment of compensation in case of closing of the company.
1. You are informing your matter in piece meal basis,
2. The should be grounds for the Company to close down,
3. For closing down the Company it has to follow the procedure which your Company has not comply with,
4. File a complaint before the lobour commissioner in this regard praying for relief.