Is Termination after Resignation valid as an employee
10 months ago
Due to management's pressure and delay in timely salary and commission, I resigned from my organization after 2 years and they didn't approve it but orally had acknowledged. After 3 days, they sent me a termination letter and are holding my salary, my experience letter and full and final documents for more 45 days. I wanted to ask if termination is instant as an employee, why to be associated and I wont be able to get job without previous experience letter?
A.Dear Client,
An employee can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require advance notice for a certain period that varies from Company to Company for tendering resignation and on non-compliance or breach of said provision of the contract of employment by the employee, a Company can deny his relieving letter and F & F Settlement of the outgoing employee but cannot terminate him outrightly without serving him a show-cause or charge sheet and without holding a domestic inquiry into the said show cause following the principle of natural justice. Such termination is literally and legally termed as the victimization of an employee with ulterior motives to exploit his career and unfair labour practice on the part of the Company. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged victimization and unfair labour practice for the redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
An employee can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require advance notice for a certain period that varies from Company to Company for tendering resignation and on non-compliance or breach of said provision of the contract of employment by the employee, a Company can deny his relieving letter and F & F Settlement of the outgoing employee but cannot terminate him outrightly without serving him a show-cause or charge sheet and without holding a domestic inquiry into the said show cause following the principle of natural justice. Such termination is literally and legally termed as the victimization of an employee with ulterior motives to exploit his career and unfair labour practice on the part of the Company. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged victimization and unfair labour practice for the redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
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A.Dear client,
Generally, employees are free to leave their jobs at any moment. However, they are required to give notice in accordance with their job contract or corporate policy. Please send a legal notice to your company to pay your salary and give your experience letter
Generally, employees are free to leave their jobs at any moment. However, they are required to give notice in accordance with their job contract or corporate policy. Please send a legal notice to your company to pay your salary and give your experience letter
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