Termination after Resignation
11 months ago
I was in my probation period and after 40 days of joining I resigned from the company. But i still of accepting m resignation they sent me the termination email. When I asked for the clarification they are giving different different reasons. 1) to waive the 2 month of notice period 2) termination without any reason 3) because of poor performance. They are saying that we’ve mentioned in your contract that acceptance of resignation is on us and we can terminate you whenever we want. But Here the case is different I was the one who put my resignation.
Irrespective of status and terms of employment any employee or workman in a probationary period can tender his resignation from service even in case employment under a Bond in Buy-out mode. A contract of employment having no clear provision of exit is bad in law. An employer is duty bound to accept resignation tendered by an employee even during the probation period and issue release letter considering his better career and for any other reason beyond his control.
Reach out to the concerned office of Labour Commissioner if your compay comes under the purview of said authority or to the Office of Chief Inspector, Shops and Establishment if your comes under the purview of the said authority to file a grievance against your company for adopting unfair labour practice.
As per the information you have given it is advisable to reach out to ypur employer first for clarification.
Anonymous
Replied 11 months ago
Hi Anik, I did but they are not responding properly. They are saying they terminated just to waive 2 months of notice period but not giving this in writing and now they are forcing me to sign the termination paper. They have hold my dues as well.
A.Dear Sir,
We shall bell the cat is the situation. Labor laws are not applicable to them. Any way you exhaust the following remedy.
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Anonymous
Replied 11 months ago
Is this illegal? Means can they terminate me after me putting my resignation? The company’s advocate accepted that termination is bad but he tried to convince the boss but he didn’t agree. The boss did this out of anger and ego.
Commissioner sir force me to do risky work of demolition as contractor
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