Hello, I m working with FMCG company as Manager from 1 year 3 months. Suddenly on 10 Jan 2014 company sent termination mail without any reason and without any notice.company has done this termination to all over India employees. And company did'nt given my December mont. Salary and not given TA DA of month November and December, can any one suggest me, can I talk. Legal action against company.
From India, Delhi
1From India, Delhi
Dear Devika,
Since you 've been employed as a manager, the provisions of ID Act,1947 will not be applicable.Your post is also silent about the terms and conditions of your appointment.However, the present move of the management in terminating the services of all India employees without any prior notice as stated by you seems arbitrary against the Principles of Natural Justice. Only Civil Remedy is available to you. Better all such affected employees join together and engage a Counsel well-versed in service matters.
From India, Salem
Since you 've been employed as a manager, the provisions of ID Act,1947 will not be applicable.Your post is also silent about the terms and conditions of your appointment.However, the present move of the management in terminating the services of all India employees without any prior notice as stated by you seems arbitrary against the Principles of Natural Justice. Only Civil Remedy is available to you. Better all such affected employees join together and engage a Counsel well-versed in service matters.
From India, Salem
Devika, I am not sure how long it will take in a Civil Court.It depends how swiftly you act and your Lawyer conducts the case. Still it would be better that first you try direct negotiations with your employer n get experience certficate and the amounts due to you.From your description it appears that the management does not seem to be a fair n progressive employer and as such possibilities are aplenty that he may drag the court proceedings as long as he can. In that case you should be made up of sterner stuff and have the wherewithal to withstand. So be rational rather than emotional. Best of luck in your next move!
From India, Salem
From India, Salem
Hi,
Yes certainly you can take legal action against them but before taking up this matter with lawyer, I would suggest you to meet your local/regional labour commissioner/inspect with your written complain against your employer and also to your local police.
You also have to supply your documents to them with your written complain such as your appointment letter along with the issued Termination letter by them, your salary slips/bank statement, your EPF details.
Second, if it is a TERMINATION, there must be a valid reason or something wrong at employee end which forced them to take this action, therefore, I would like to know more about this termination letter and stated reasons in it by them.
Third, you also need to read your appointment letter and termination clause for more which will give you the T&C of your employment which your employer and you both are bound to follow.
Forth, you said that you got this TERMINATION letter from your employer on 10th of Jan, 2014 and also have not provided your salary for December 2013 and other dues, which clearly says there is something wrong which you must discovered or shared with us if anything you have forgotten to include in your query.
To terminate any employee, there is a procedure which employer has to adopt/follow and issue a notice to employee before issuing a termination letter by stating a valid reason or something which favor the employer’s action and against the employee. (Employment/Appointment Letter T&C’s apply)
Moreover, TERMINATION never says that an employee who’s gonna be terminate with whatever respective reason wont be able to get his/her dues or the pending previous month salary but a complete settlement (F&F) with the effective date of termination (if there was no notice period or special terms defined for the same) which is also a right of the said employee.
What I feel is that you still have to share complete details of your case and why your salary and dues for Nov-December 2013 month was not paid previously.
The other thing which says by your query and your pending dues is about financial crisis of your company which forced them to take action, which is RETRENCHMENT but it is certainly not a TERMINATION.
Lastly, in both the cases, your applicable employment terms can help you a lot actually.
From India, Gurgaon
Yes certainly you can take legal action against them but before taking up this matter with lawyer, I would suggest you to meet your local/regional labour commissioner/inspect with your written complain against your employer and also to your local police.
You also have to supply your documents to them with your written complain such as your appointment letter along with the issued Termination letter by them, your salary slips/bank statement, your EPF details.
Second, if it is a TERMINATION, there must be a valid reason or something wrong at employee end which forced them to take this action, therefore, I would like to know more about this termination letter and stated reasons in it by them.
Third, you also need to read your appointment letter and termination clause for more which will give you the T&C of your employment which your employer and you both are bound to follow.
Forth, you said that you got this TERMINATION letter from your employer on 10th of Jan, 2014 and also have not provided your salary for December 2013 and other dues, which clearly says there is something wrong which you must discovered or shared with us if anything you have forgotten to include in your query.
To terminate any employee, there is a procedure which employer has to adopt/follow and issue a notice to employee before issuing a termination letter by stating a valid reason or something which favor the employer’s action and against the employee. (Employment/Appointment Letter T&C’s apply)
Moreover, TERMINATION never says that an employee who’s gonna be terminate with whatever respective reason wont be able to get his/her dues or the pending previous month salary but a complete settlement (F&F) with the effective date of termination (if there was no notice period or special terms defined for the same) which is also a right of the said employee.
What I feel is that you still have to share complete details of your case and why your salary and dues for Nov-December 2013 month was not paid previously.
The other thing which says by your query and your pending dues is about financial crisis of your company which forced them to take action, which is RETRENCHMENT but it is certainly not a TERMINATION.
Lastly, in both the cases, your applicable employment terms can help you a lot actually.
From India, Gurgaon
Anil is correct. Do not co-operate with any attempt of your employer thro any one who can wield influence over you in changing the nature of termination. Let it remain as it is ie., forceful termination at the behest of the employer. The compromise, if any should be mutually beneficial.
From India, Salem
From India, Salem
But if I will not sign the no dues then company will not give me reliving letter, then what about my future career becoz every company demand reliving letter. Plz suggest me what should I do.
From India, Delhi
From India, Delhi
Hi Devika
Would like to give you some more info in this regard.
The Courts across have laid down norms on Who should be called as Manager? and mere designation will not decide the status of a person.. You have to see whether you fall under this norms. If so you can seek remedy under Shops and Establishments Act of the respective state or still you can get relief under ID Act. But as suggested by other experts the termination is violation of provisions of the Act.
Murugesan
From India, Chennai
Would like to give you some more info in this regard.
The Courts across have laid down norms on Who should be called as Manager? and mere designation will not decide the status of a person.. You have to see whether you fall under this norms. If so you can seek remedy under Shops and Establishments Act of the respective state or still you can get relief under ID Act. But as suggested by other experts the termination is violation of provisions of the Act.
Murugesan
From India, Chennai
Dear Ms. Devika,
There won't be smoke without fire. I assume that you haven't disclosed the complete story. Neither have you mentioned the clauses in your employment contract. Please give more clear picture of the story so that members can advise you better.
Regards
Deepak
From India
There won't be smoke without fire. I assume that you haven't disclosed the complete story. Neither have you mentioned the clauses in your employment contract. Please give more clear picture of the story so that members can advise you better.
Regards
Deepak
From India
Respected Sir Mahatma Gandhi National Rural Employment Guarantee Act karnataka 2012-13 th Social Audit Grama sabhas all Distic misuse of fund Rs.50 laks misuse of fund only my Taluka Humnabad MIS aploud & Audit Report all 33 Panchayat Development Officer found that pa Gram Panchayat Rs.15,000 to 40,000 spend regarding this i hv given social audit report to Dist Co-ordinator and discussed about this issue also , After that wt happen i dont knowr Without social Audit Co-ordinator knowldege Director, Social Audit Mr.DN Nayak zila panchayat Bidar D.S Bidar has sent me the suspension order without reason to social Audit Co-ordinatir home address which was shocking to Co-ordinatir and Co-ordinatir family
sir I have worked honestly in conductin social audit but they have made me victim for my work PlZ do needfull sir and help me for my truethfullness sir ,
Regads
VidayaSagar Bhalke social Audit Co-ordinatir from Taluka
panchayat Humnabad, Bidar dist pn 585402
call 9844783536,
From India, Bellary
sir I have worked honestly in conductin social audit but they have made me victim for my work PlZ do needfull sir and help me for my truethfullness sir ,
Regads
VidayaSagar Bhalke social Audit Co-ordinatir from Taluka
panchayat Humnabad, Bidar dist pn 585402
call 9844783536,
From India, Bellary
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Termination of employees.pdf