Hi All
I was recently working in an advertising agency, where I've been sacked in a very unprofessional manner. I joined the company on 16th May 2007.
On 3rd of March 2008 I was called for a meeting and told that I was to be released of my duties to the company as the deptt. I was heading (Digital Comm.) is to be shut down. I then demanded a notice period as per norms of my appointment letter. I was verbally told that it will be provided in couple of days. on 11th of March 2008, I sent a reminder e-mail mentioning the requirement of the notice period, explanation for termination and settlement of dues.
At that time I was rudely told that I've been terminated on performance and disciplinary grounds (I've never been given any written warning or notice for my conduct till then and in reality it is not bad at all, in fact I got them 2 national level awards during my tenure).
Furthermore I was asked to leave office and not come anymore and even my office was locked for a brief period.
Since then I've been sending them proper correspondence asking settlement of dues and providing written notice and till date I've not received any comment from their side.
I am currently discussing the matter with my lawyers and would appreciate your suggestions on this.
Moreover, my salary for the month of February 2008 has also been stopped and has not been paid.
I would like to know:
NOTE: The company is registered with Registrar of companies and is a registered SSI unit (Micro Enterprise/ Services category).
I was working as Asst. Art Director in the company.
From India, Jaipur
I was recently working in an advertising agency, where I've been sacked in a very unprofessional manner. I joined the company on 16th May 2007.
On 3rd of March 2008 I was called for a meeting and told that I was to be released of my duties to the company as the deptt. I was heading (Digital Comm.) is to be shut down. I then demanded a notice period as per norms of my appointment letter. I was verbally told that it will be provided in couple of days. on 11th of March 2008, I sent a reminder e-mail mentioning the requirement of the notice period, explanation for termination and settlement of dues.
At that time I was rudely told that I've been terminated on performance and disciplinary grounds (I've never been given any written warning or notice for my conduct till then and in reality it is not bad at all, in fact I got them 2 national level awards during my tenure).
Furthermore I was asked to leave office and not come anymore and even my office was locked for a brief period.
Since then I've been sending them proper correspondence asking settlement of dues and providing written notice and till date I've not received any comment from their side.
I am currently discussing the matter with my lawyers and would appreciate your suggestions on this.
Moreover, my salary for the month of February 2008 has also been stopped and has not been paid.
I would like to know:
- Is legal action against the company possible in this case.
What compensation can I get if the matter goes to that extent.
And finally apart from 'breach of contract' are there any other possible grounds for legal action.
NOTE: The company is registered with Registrar of companies and is a registered SSI unit (Micro Enterprise/ Services category).
I was working as Asst. Art Director in the company.
From India, Jaipur
You deserve and should get legal remedies. To answer your question:
You have to tell more details. Any how u have consulted a lawyer, Your lawer should hv good experience in labour cases.
Termination with out termination letter is a escapism tactics, which is minus factor in your case, consult ur lawyer try to lodge a criminal complaint.
From India, Hyderabad
35You have to tell more details. Any how u have consulted a lawyer, Your lawer should hv good experience in labour cases.
Termination with out termination letter is a escapism tactics, which is minus factor in your case, consult ur lawyer try to lodge a criminal complaint.
From India, Hyderabad
Hi,
If you fail to receive the payment from the employer after having entered into full and final settlement of the account, you can file a civil suit for recovery of office dues. In case gratuity has not been paid then you can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after you leaving, then you can proceed under the provisions of the Provident Fund Act.
I would suggest you to go ahead with the civil suit and inform your employers before you do so.
Also have a second look at the contract but still you are allowed your dues. If you need satisfaction par excellence go ahead and also file a mental harrassment charge, if you were forcibly removed from office you can also file a physical assault charge.
If you can find atleast one more collegue of yours who shares your opinion you wont have much trouble getting your company to settle down with an apology.
At the same time keep looking for a better offer.
Hope the above sufficies.
Thanks & Regards,
AJ
From India, Thana
If you fail to receive the payment from the employer after having entered into full and final settlement of the account, you can file a civil suit for recovery of office dues. In case gratuity has not been paid then you can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after you leaving, then you can proceed under the provisions of the Provident Fund Act.
I would suggest you to go ahead with the civil suit and inform your employers before you do so.
Also have a second look at the contract but still you are allowed your dues. If you need satisfaction par excellence go ahead and also file a mental harrassment charge, if you were forcibly removed from office you can also file a physical assault charge.
If you can find atleast one more collegue of yours who shares your opinion you wont have much trouble getting your company to settle down with an apology.
At the same time keep looking for a better offer.
Hope the above sufficies.
Thanks & Regards,
AJ
From India, Thana
hi,
your employer have give you a appointment letter, Pl. see waht is the term mentioned in it for the termination of service either side.
Have you submit your resignation ? if not than the Employer and employee relationship still in force.
If it is clearly mentioned about the notice pay you may contact concern Labour Office and rise a Industrial dispute and file a recovery application in Labour courts I am sure you may get the justice and the employer learn lesson
Hiren
your employer have give you a appointment letter, Pl. see waht is the term mentioned in it for the termination of service either side.
Have you submit your resignation ? if not than the Employer and employee relationship still in force.
If it is clearly mentioned about the notice pay you may contact concern Labour Office and rise a Industrial dispute and file a recovery application in Labour courts I am sure you may get the justice and the employer learn lesson
Hiren
Dear Sir
File a case against your employer under ID Act of 1947 2 (a)ie Employee Vs Employer. Write a detailed letter mentioning all the activities and sign it at the end send in person to Assitant Commissioner of Labour. He will send a summon to your employer for concilliation. Rest is with the ACL.
If your concilliation fails, he send a Failure report to the state and the state inturn send it to Labour Court, then the court will award the Judgement mostly favouring you, before that keep in mind that you are not signed in a empty paper, that may turn has your resignation letter without known by you. So give a letter in person to ACL.
Thanks & Regards
B. RAVI MURUGAN
File a case against your employer under ID Act of 1947 2 (a)ie Employee Vs Employer. Write a detailed letter mentioning all the activities and sign it at the end send in person to Assitant Commissioner of Labour. He will send a summon to your employer for concilliation. Rest is with the ACL.
If your concilliation fails, he send a Failure report to the state and the state inturn send it to Labour Court, then the court will award the Judgement mostly favouring you, before that keep in mind that you are not signed in a empty paper, that may turn has your resignation letter without known by you. So give a letter in person to ACL.
Thanks & Regards
B. RAVI MURUGAN
As all of my friends suggested to file a suit for recovery of the amounts, it is fine.
have u ever been deducted the pf amount then if that is the case u can directly address a letter by REgd. Post with ack to the comissioner of PF and also a letter to Astt comissioner of labour about the termination which is not by due process of law.
By all these u could mount pressure and get the recovery of pending amounts.
Hoping that ur engagement of service is channeled through the offer letter from the company.
u have a good legal grounds instead of approaching the lawyer better follow these guidlines if not go for a litigation by engaging the services of lawyer.
Bye
s.sateesh
From India, Hyderabad
have u ever been deducted the pf amount then if that is the case u can directly address a letter by REgd. Post with ack to the comissioner of PF and also a letter to Astt comissioner of labour about the termination which is not by due process of law.
By all these u could mount pressure and get the recovery of pending amounts.
Hoping that ur engagement of service is channeled through the offer letter from the company.
u have a good legal grounds instead of approaching the lawyer better follow these guidlines if not go for a litigation by engaging the services of lawyer.
Bye
s.sateesh
From India, Hyderabad
Hi Abhayvir,
Going legal is the best solution as mentioned in the post by me before.
The only problem is that the company is never going to loose any case cause then they are opening up the stargate to trouble from each and every employee they ever fired.
I do have a very clear solution after consultation with a friend of mine.
Please pm me if you are looking for the solution an only contention you can make in court.
thanks & Regards,
AJ
From India, Thana
Going legal is the best solution as mentioned in the post by me before.
The only problem is that the company is never going to loose any case cause then they are opening up the stargate to trouble from each and every employee they ever fired.
I do have a very clear solution after consultation with a friend of mine.
Please pm me if you are looking for the solution an only contention you can make in court.
thanks & Regards,
AJ
From India, Thana
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