Dear Saswata Please search and you shall find what you wish to know. Regards Octavious
From India, Mumbai
576From India, Mumbai
1. You have already taken action i.e. termination of service now you can not change the reason.
2. Termination seems to be under termination simpliciter condition by referring to terms of appointment.
3. In such cases employee need to pay notice period.
4. However, if you have referred specific allegations/misconduct as stated above i.e. mis-appropriation of funds you
Could have withhold his dues subject holding a enquiry & proving the alleaged charges in his termination letter.
Regards,
Suresh K. Singh
From India, Mumbai
2. Termination seems to be under termination simpliciter condition by referring to terms of appointment.
3. In such cases employee need to pay notice period.
4. However, if you have referred specific allegations/misconduct as stated above i.e. mis-appropriation of funds you
Could have withhold his dues subject holding a enquiry & proving the alleaged charges in his termination letter.
Regards,
Suresh K. Singh
From India, Mumbai
If you claim there are judgments of a certain matter, you should be able to share the link for the same. Telling the forum to search on its own means you don’t actually know of any such case.
From India, Mumbai
From India, Mumbai
Dear Anonymous,
I agreed with the comments given by senior members. I think, few points were missed which needs to be clear.
(1) Have you have resigned immediately after the incident of this misconduct (False - as stated by you) or this was done 4 months prior to your termination? It might be possible that during internal enquiry you have submitted the resignation & that's why employer had rejected your resignation and terminate your employment and hold your amount.
(2) On the contrary, employer don't want to pay you salary for 4 months and they terminated you archly?
(3) You were on probation. we would like to know for how long have you worked with that organization. As you were on probation & If your organization alleged you for such misconduct (for giving bribe against organization) within short span in the organization its conceivable.
Before taking any litigation you have to think & act about the actual incident. If you are at fault then we need to suggest you what action needs to take further. Taking legal action will take so much time and waste of money but if you are innocent (actually) and if you want to vindicate yourself then you can carry on for litigation. You can also send him a formal notice through lawyer to solve the issue within some time frame as it already took a long time. But please keep in mind its a lengthy procedure and in most of the cases it doesn't affect the organization at much.
Internal committee must be formed by the organization to prove the incident within stipulated time of 1-2 months. If you are looking for specific clause to mention of holding the salary in major misconducts then I think you are moving towards wrong way. I agree, they are just passing time ball to badger you.
However, as per INDUSTRIAL EMPLOYMENT (STANDING ORDERS), CENTRAL RULES, 1946, Notification No. L.R. 11 (37), date the 18th December, 1946 Para 14 is given below, but again we need to know your employment will be applicable here or not. Please note the allegation on your employment comes under Major misconduct of any law (employment):
(b) A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days , be reduced to one-fourth of such wages"
I also request senior members to correct/suggest my views.
From India, Indore
I agreed with the comments given by senior members. I think, few points were missed which needs to be clear.
(1) Have you have resigned immediately after the incident of this misconduct (False - as stated by you) or this was done 4 months prior to your termination? It might be possible that during internal enquiry you have submitted the resignation & that's why employer had rejected your resignation and terminate your employment and hold your amount.
(2) On the contrary, employer don't want to pay you salary for 4 months and they terminated you archly?
(3) You were on probation. we would like to know for how long have you worked with that organization. As you were on probation & If your organization alleged you for such misconduct (for giving bribe against organization) within short span in the organization its conceivable.
Before taking any litigation you have to think & act about the actual incident. If you are at fault then we need to suggest you what action needs to take further. Taking legal action will take so much time and waste of money but if you are innocent (actually) and if you want to vindicate yourself then you can carry on for litigation. You can also send him a formal notice through lawyer to solve the issue within some time frame as it already took a long time. But please keep in mind its a lengthy procedure and in most of the cases it doesn't affect the organization at much.
Internal committee must be formed by the organization to prove the incident within stipulated time of 1-2 months. If you are looking for specific clause to mention of holding the salary in major misconducts then I think you are moving towards wrong way. I agree, they are just passing time ball to badger you.
However, as per INDUSTRIAL EMPLOYMENT (STANDING ORDERS), CENTRAL RULES, 1946, Notification No. L.R. 11 (37), date the 18th December, 1946 Para 14 is given below, but again we need to know your employment will be applicable here or not. Please note the allegation on your employment comes under Major misconduct of any law (employment):
(b) A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days , be reduced to one-fourth of such wages"
I also request senior members to correct/suggest my views.
From India, Indore
Dear Saswata Hard work pays rich dividends, hope I have made my point clear to you. Regards Octavious
From India, Mumbai
From India, Mumbai
I, on the other hand, believe you should not out misleading posts on the forum that will result in someone working on a wrong or unjustified assumption. So please show us the judgement that you claim says employer must sell his personal property to pay wages of workers, or remove that post
From India, Mumbai
From India, Mumbai
Dear Saswata
You would appreciate the fact that I have till now dealt with you in professional manner. I would counsel you from making baseless allegations against me.
If you want to be heard and taken seriously by forum members than deal difference of opinion in more well thought manner. I recommend you stop from making baseless allegations of me misleading people/members, as it will not help you gain respect of other members of the forum.
If you want to carve a niche for your self then do that yourself by showing your strengths,ability and capability. I am confident of what I have stated, and I feel that I have passed the stage where in I feel the need to dazzle educated members of this forum with my brilliance.
The post will remain as it is and where it is, and will not be deleted and if you want you can search the judgement and satisfy your doubts. Period.
Regards
Octavious
From India, Mumbai
You would appreciate the fact that I have till now dealt with you in professional manner. I would counsel you from making baseless allegations against me.
If you want to be heard and taken seriously by forum members than deal difference of opinion in more well thought manner. I recommend you stop from making baseless allegations of me misleading people/members, as it will not help you gain respect of other members of the forum.
If you want to carve a niche for your self then do that yourself by showing your strengths,ability and capability. I am confident of what I have stated, and I feel that I have passed the stage where in I feel the need to dazzle educated members of this forum with my brilliance.
The post will remain as it is and where it is, and will not be deleted and if you want you can search the judgement and satisfy your doubts. Period.
Regards
Octavious
From India, Mumbai
Simple Questions and Few Facts:
1. termination letter says following as highlighted:
Sub: Termination of Services
Thank you for your contribution with XXXXXXXX to date. The management has decided that we no longer require your services. Please take this as official notice, as of DATE, and you are hereby relieved from your services from today (i.e. 17th October 2014) onward.
You are requested to handover the company assets to the concerned department.
Thanks you for your esteemed services once again.
Thanks and Regards,
2. I was under probation and resignation was given on 16th Oct 14 (Asking for Pending Salaries, on my last day)
Question (Please Help): How to join new organization with this termination letter and what reason i can give new organization of not having a reliving letter.
Please help !!
From India, Delhi
1. termination letter says following as highlighted:
Sub: Termination of Services
Thank you for your contribution with XXXXXXXX to date. The management has decided that we no longer require your services. Please take this as official notice, as of DATE, and you are hereby relieved from your services from today (i.e. 17th October 2014) onward.
You are requested to handover the company assets to the concerned department.
Thanks you for your esteemed services once again.
Thanks and Regards,
2. I was under probation and resignation was given on 16th Oct 14 (Asking for Pending Salaries, on my last day)
Question (Please Help): How to join new organization with this termination letter and what reason i can give new organization of not having a reliving letter.
Please help !!
From India, Delhi
The answer to your last question is the only one I can give a suggestion on.
You can tell your prospective employer that the company had not been paying salary. 3 months salary was pending. Serving a months notice pay and then having lost more money didn't make sense, so I resigned and walked off. HR told me unofficially that trying to get this money was impractical.
From India, Mumbai
You can tell your prospective employer that the company had not been paying salary. 3 months salary was pending. Serving a months notice pay and then having lost more money didn't make sense, so I resigned and walked off. HR told me unofficially that trying to get this money was impractical.
From India, Mumbai
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