Fight For Justice

Hi

I am an employee of one of the MNC in Hyderabad. I have been terminated and asked to leave the company on 27 Nov 2014 and i had already given them the request for serving the notice period on 24 Nov 2014 starting from Dec 5th 2014 till Jan 5th 2015.But both management and HR have decided that my notice would be starting from the date i sent them the email. I have the copy of that mail But even after mention the notice period date i have been terminated from my job.As per my offer letter if you are leaving the company in 6 months of probationary then 1 month notice or payment in lieu. After 6 months 2 months notice period has to be serve or payment in lieu. I was in my last month of probationary period.

So without allowing me to serve my notice period from "Dec 5th 2014 till Jan5 th 2015" the HR and management has terminated me on 27th Nov 2014 .Please tell me is it a "Voluntary or Involuntary Termination" which i had?

I worked for Nov 2014 month but they kept my salary on hold anyhow payslip has been generated but credit has not happened.

There was data of company from third party that has been mistakenly copied on my pen drive there was some 4 to 5 excel files which were copied but any how i have deleted and destroyed that data when i saw it and i have said the same thing to the management and HR about this but they not agreeing to this. I have already given them explanation for the incident which has happened and also signed the indemnity bond regarding this and written letter. And also i have returned the company id card and other things.

I asked them to release my salary as i am having some financial difficulties i am an entry level employee.

When i have contacted HR and Management regarding my salary and full and final settlement along with my relieving formalities.

“They Replied me as It is incorrect to state that you have submitted an “involuntary” resignation and the fact is that you have submitted a voluntary resignation to not co-operate with the enquiry proceedings pending against you in a matter related to data misappropriation. Your relieving formalities will be completed only after the completion of enquiry pending against you”.

Anyhow i have given them in written that i dont have that data and it cannot be misused but even after signing the indemnity bond they are planning to take legal action against me please suggest me what to do. After getting the sign from the HR started using abusive and valgur language with me regarding my performance. Can i take any action on this. Please Suggest

Thanks

Zahid.

Hi,
And also i want to tell that it is verbal termination i have not received anything in written.

I shall be grateful for whole my life if anybody can help me in this.

Dear Zahid,

Ofcourse you are in a quandary but without any tangible option. I sympathize with you for what has happened to you during your entry level employment that too without completing the probationary period. Nevertheless your termination has become effective in effect as you have not been on duty. I have no idea what sort of information you had copied unauthorisedly and for what purpose. I cannot go into detail. Also I could not understand the sum and substance of your last but one para. You have been telling “termination” and “(in)voluntary resignation”. Termination is termination only, there is no term called voluntary termination. Likewise Resignation is resignation, how it becomes “in voluntary” is it by coercion ?, if so how will you prove it conclusively ? any evidence ?

Termination during probation period is difficult to counter it, that too when you are accused of alleged theft of official documents (where & how the ‘misappropriation comes’ ?). What evidences they have to substantiate their charges, did you sign any document accepting the guilt ? Ofcourse you are entitled for the notice or notice pay. And salary within a few days of such a termination should be paid. I suppose your firm is regd. under Shops & Commercial Estt. Act. In your case, it appears, the missing link is absence of a “speaking order of a purported termination” to you by a competent authority. I don’t think you have a befitting case to take this to court especially you don’t have resources to sustain. For the present, try to obtain your unpaid salary and forget about it totally. If it is not forthcoming then consult an advocate and issue a lawyer notice to secure.

Hi Sir,
Thanks for your reply appreciate
One thing i forgot to mention here that this data issue was two week before the date on which i have drafted an email and have sented to management for serving notice.Regarding this notice period i have an email print copy.but before allowing me to serve my notice they have terminated me .The salary which is on hold they are not giving any answers about that.Any how they are proceeding with voluntary resignation only and wants to deduct the notice period not serving amount from my salary which is on hold.
Regarding my notice period the managment has just said orally that they have accepted my resignation and they have not replied me in written on this.
My salary is on hold and they not ready to do full and final settlement in credit which they have to do in my case as it is the sole discretion of the management.
Am not getting any replies from them
Please suggest me on this.

Dear Zahid,
Since the managent has not formally issued any termination order simpliciter during probation and nor issued any show cause notice to you regarding any contemplated disciplinary proceedings and at the same time withheld your salary, your lawyer may issue notice for payment of wages even though they may not allow you to work by taking away your company id. If they are terminating illegally then take recluse to appropriate court or labour court for back wages.
Thanks

Dear Zahid,
Going by your description it appears to me that this termination drama itself a vindictive after thought action, a sequel to your notice. Now send your letter in e-mail and Regd.post Ack.due, first disputing your termination as "illegal" and asking them to disburse your withheld salary without delay failing which you will take them to court with all consequential compensation etc. mentioning one week time. If nothing happening send a legal notice and follow up as the Advocate may direct. With Best wishes.

Dear friend,
Since no formal termination order has been issued, I feel why he should admit that termination has been done though illegally. We do not know whether he is workman and protected under ID Act. Till formal termination is done, he will be entitled to wages even though he may not be allowed to work. Since he has already given resignation, let that period be over because they not rejected his resignation likely to be effective from future date.
Thanks