Dear All
As I am working in our company since from last 5 years. I have worked hard with sincere since from my joining date . I am going tell you that , on obey of head office several times I went and worked at so many locations. Even though I stayed at those locations for our company work. Even I worked for Sundays and Govt. holidays and also worked for more than 8 hours. Sometimes I worked for late midnight also.
As I am working in our company since from last 5 years. I have worked hard with sincere since from my joining date . I am going tell you that , on obey of head office several times I went and worked at so many locations. Even though I stayed at those locations for our company work. Even I worked for Sundays and Govt. holidays and also worked for more than 8 hours. Sometimes I worked for late midnight also.
Do you know sir that I am on duty on 1st April 2009? Previous day I worked for late midnight and completed my work of that month and FY reports. Very next day he had sent one person in my place without intimating me. On that time I am on duty unexpectedly I had mail of termination:!:. And that mail is like this...
Based on the complaints received from our Branch office and the noted reasons specified by our employees. Management decided to remove you from the services with immediate effect. Based on this today i.e. is 1-4-2009 would be your last day.
For this region I have mailed several times to give reply for my termination but he had not replied for all that mails what I sent.
Now I am Unemployed. And what about my family because depends on my salary only.
Now I am Unemployed. And what about my family because depends on my salary only.
Now my Questions are:-
*They have not given any show cause notice or charge sheet before terminating.:(
*Even I worked for more than 8 hours and for Sundays and Govt. holidays and also worked for late midnight without any extra wages also they have terminated me without giving any notice period.:x
*I am gratuity eligibility or not because I worked for 5 years and 1 month.:?:
*They have not given any show cause notice or charge sheet before terminating.:(
*Even I worked for more than 8 hours and for Sundays and Govt. holidays and also worked for late midnight without any extra wages also they have terminated me without giving any notice period.:x
*I am gratuity eligibility or not because I worked for 5 years and 1 month.:?:
Is it is correct .Please give me good suggestion for what to do next in detail.:idea:
From India, New Delhi
Its a sad scenario. they should have given you notice. does your appointment letter say that both the parties have to give one month notice?
Probably then you take some action. And this letter looks like they have terminated you because of some bad conduct. So if they prove in the court that you have misused or your work had not been good or whatever. The decision may go in thier favour.
I would suggest you go and speak to your the concerned person and ask them the reason for termination. May be there has been some miscommunication. You are eligible for gratuity.
If nothing works out. Go and meet a good lawyer.
All the best
Regards
asha
Probably then you take some action. And this letter looks like they have terminated you because of some bad conduct. So if they prove in the court that you have misused or your work had not been good or whatever. The decision may go in thier favour.
I would suggest you go and speak to your the concerned person and ask them the reason for termination. May be there has been some miscommunication. You are eligible for gratuity.
If nothing works out. Go and meet a good lawyer.
All the best
Regards
asha
Dear,
You have strong case and you can go ahead alongwith all the documents of yours appointment letter, confirmation letter, appreciation letter (if any) and a copy of termination letter also.
An employee should be given an opportunity to face domestic inquiry before his/her termination.
Regards,
From India, Mumbai
2You have strong case and you can go ahead alongwith all the documents of yours appointment letter, confirmation letter, appreciation letter (if any) and a copy of termination letter also.
An employee should be given an opportunity to face domestic inquiry before his/her termination.
Regards,
From India, Mumbai
Nagaraz, we understand that its is very sad :( but you have to rise up to this and challenge them in labor court.:-x
As pointed above pls keep all the documents or letters you have received from the company in your employee cycle handy.
Even if there is no notice period clause in your appt letter still a companyt cannot terminate the services with immediate effect unless & untill there is some grave misconduct on the part of employee. There has to be a disciplinary procedure set up that generally leads to termination on 3rd warning in most of the companies.Also, with the law of right to information in place, company has to give you reasons for termination.
As far as gratuity is concerned, yes you are eligible for it..
Pls do not hesitate to talk to the top boss of the company and show him your intentions of going to labor court, this itself will sort most of probelms as employers do not prefer such hassels especially if they are wrong on their part.
From India, Mumbai
As pointed above pls keep all the documents or letters you have received from the company in your employee cycle handy.
Even if there is no notice period clause in your appt letter still a companyt cannot terminate the services with immediate effect unless & untill there is some grave misconduct on the part of employee. There has to be a disciplinary procedure set up that generally leads to termination on 3rd warning in most of the companies.Also, with the law of right to information in place, company has to give you reasons for termination.
As far as gratuity is concerned, yes you are eligible for it..
Pls do not hesitate to talk to the top boss of the company and show him your intentions of going to labor court, this itself will sort most of probelms as employers do not prefer such hassels especially if they are wrong on their part.
From India, Mumbai
Its very sad to hear about Termination without any reason. My advise is to speak/write to Company Top Official and get to know the reasons. Without any valid reason and then even before asking for any explanation from the employee no company has right to Terminate an employee unless otherwise mentioned in your employement letter. If you are a 'confirmed' employee working more than 6 months you can even take the legal course by sending them notice.
Do stand up firmly for your own cause if you are correct on your past act.
Saurabh
Manager - HR
From China, Leizhou
Do stand up firmly for your own cause if you are correct on your past act.
Saurabh
Manager - HR
From China, Leizhou
I worked in real-Estate company "Favista" Gurgaon from May 2016 to August 2016 as a Sr.Relationship Manager. I was appointed at Favista for Bhiwadi team. I joined on 1st May 2016, but they did not give me any offer letter or joining letter. Company has not payed my salary for last 3-4 months, when I ask for salary, they give excuses that they will give in next month. Company has not framed any HR rules but trying to extract work from us in some manner or other. It was just a waste of my time and position in Favista.com. Please kindly someone suggest me what I should do. Is there any laws protecting employees benefits??
From India, Gurgaon
From India, Gurgaon
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf