Can Any Action Be Taken

In my company, there are the following problems:

1. Irregular salary payment
2. Salary slips not given
3. Identity card is not provided
4. No appraisals

Two months ago, one employee, who had worked for more than 3 years, was asked to resign on the same day, citing poor performance without any meeting or notice period. No salary was paid for the last month of resignation, and no documents were provided. Before resigning, when she was still an employee, her personal belongings were deleted.

Considering all the above conditions, can any legal action be taken against the company? The employee is seeking the documents and salary. Can the employee pursue any legal action?

Dear Anu,

Please provide more details regarding the nature of work and your industry.

Is the salary being received through bank remittance or cheque payment? What is the exact salary amount - is it above Rs. 18,000 or below Rs. 18,000?

Additionally, could you clarify the status of PF and ESI contributions? Has a PF number been allocated, and does she possess an ESI Smart Card?

Your response will enable our members to offer you the correct information.

Thank you.

It is a BPO company. The salary was deposited directly into the bank account. Her salary was above Rs. 18,000. As there were no identity card and salary slips provided, there was no PF and ESI contribution.

Taking all the above conditions (consider the previous post also) into consideration, can any legal action be taken against the employee? The employee is asking for the documents and salary. Can the employee take any legal action?

She can file a civil suit against the company. As proof of employment, she can provide the bank statement showing the salary credited in court. Hopefully, she did not submit a resignation letter to the company. The PF and ESI benefits apply to organizations with employee strength greater than 20/10; if the employee count is lower, PF and ESI are not applicable. However, she can contest her termination in civil court and seek redress.

Yes, she has submitted her resignation. Also, what about before resigning (when she was an employee) deleting her personal reference items (which had nothing to do with the company and were kept only for her personal reference)? Is it fine?

I do not understand what your concern actually is. She has deleted her personal material which was on a PC that she was using. Why should that be wrong? Was that the reason she was fired in the first place? There seem to be some things missing in the whole post. There are some things that are not being told to us.

In most cases, the company is liable to pay notice pay to any employee who is being terminated. Why do you intend to deny notice pay to her?

I have collected the following information:

1. She (employee) has deleted her personal files only. All the work she has done is in proper condition.

2. Salary was not paid regularly. Salary was paid with a gap of 2-3 months.

3. Salary slips were not issued.

4. No Identity card was issued.

In the appointment letter, it is stated that "company can terminate given her notice of three months or notice which is mutually agreed. But if any indiscipline, irregularity, the company can terminate the services without giving any notice."

Now, as per the information I have collected, there was no indiscipline or irregularity done by her. The only thing she used to ask about was the salary and salary slips.

She was asked to resign on the same day, giving the reason as poor performance without any meeting and without any notice period, no salary paid for the last month of resignation, and no documents have been given.

She has given resignation which was not replied to by the previous HR. At that time, it was said that she had deleted the files. But she replied that she had deleted her personal files only.

Now, she is asking for her documents (relieving letter, experience letter).

It has been said to me to check whether any legal action can be taken against her.

Considering all the above situations, my queries are:

1. Can any legal action be taken against her? If yes, what?

2. Can she take any legal action (note she does have an appointment letter, bank statement but does not have an identity card, salary slips) to get documents and salary of the month she has worked? If yes, what?

Let me understand: You have unfairly terminated an employee mainly because she asked for her salary on time and a salary slip. Now you want to know how to take legal action against her? I do not think most of the members on this site will help you. I would suggest you give her the documents she asks for. If she were to approach a good lawyer, he will definitely find a way to file a case and provide enough evidence, including witnesses who will be forced to confirm that she used to work with you.