termination after notice period served
8 months ago
Hi,
I have served the full notice period and done with all the documentation of FNF but while submitting the ID card they said you are terminated and and we not provide your payouts
A.Dear Client,
When you tender your resignation from the service following the conditions of your contract of employment and serve your notice period, your relationship with the company is automatically seized. Moreover, in compliance of formalities with regard to the disbursement of F & F Settlement dues, the Company is dutybound to relieve you from service along with F & F settlement dues. The company cannot treat your resignation as termination from service in the absence of statutory compliance with the relevant provisions of relevant Acts, like I D Act, the Shops & Establishment Act, the Industrial Employment(SO) Act etc. Such an action on the part of the Company is highly unjustified and illegal and needs to be challenged before the concerned authority/Court. So, in the prevailing situation, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance with the statutory provision law if you are terminated from the employment that will be termed as illegal termination and unfair labor practice. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. If you are not a workman as defined u/s.2(s) of the Industrial Dispute Act you have to approach Civil Court for recovery of dues from the employer and redressal of your grievance. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
When you tender your resignation from the service following the conditions of your contract of employment and serve your notice period, your relationship with the company is automatically seized. Moreover, in compliance of formalities with regard to the disbursement of F & F Settlement dues, the Company is dutybound to relieve you from service along with F & F settlement dues. The company cannot treat your resignation as termination from service in the absence of statutory compliance with the relevant provisions of relevant Acts, like I D Act, the Shops & Establishment Act, the Industrial Employment(SO) Act etc. Such an action on the part of the Company is highly unjustified and illegal and needs to be challenged before the concerned authority/Court. So, in the prevailing situation, if you are not holding a position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance with the statutory provision law if you are terminated from the employment that will be termed as illegal termination and unfair labor practice. In that situation, you need to serve a legal notice to your employer/company and file a complaint against them before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. If you are not a workman as defined u/s.2(s) of the Industrial Dispute Act you have to approach Civil Court for recovery of dues from the employer and redressal of your grievance. 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,
If you've completed your notice period and fulfilled all the necessary requirements for your Full and Final (FNF) settlement, but your employer is refusing to provide your payouts and has terminated you, it's important to take the appropriate steps to address the situation. Here's what you could consider doing:
Review Your Employment Contract and Policies: Carefully review your employment contract and any company policies related to termination and FNF settlements. Ensure you understand your rights and the company's obligations in this situation.
Gather Documentation: Collect all the documentation related to your notice period completion, FNF settlement, and any communications you've had with your employer regarding the termination and payout denial. This documentation could be crucial if you need to take further action.
Speak with HR or Management: Reach out to your company's HR department or relevant management to discuss the situation. Calmly and professionally express your concerns and inquire about the reasons for your termination and the denial of your payouts. Make sure to communicate your willingness to resolve any issues.
Understand the Reasons: Ask for clear reasons behind your termination and the denial of your payouts. Understand whether this is a misunderstanding, a mistake, or a deliberate action on their part.
Escalate if Necessary: If you are not able to reach a satisfactory resolution through discussions with HR or management, consider escalating the matter. This could involve speaking with higher management or seeking guidance from an ombudsman or compliance department within the company.
Labor Authorities or Employment Tribunals: Depending on your jurisdiction, you might have the option to file a complaint with labor authorities or employment tribunals if you believe your rights have been violated. An employment lawyer can guide you through this process.
Maintain Professionalism: Throughout this process, it's important to maintain professionalism and avoid confrontations or aggressive behavior. Effective communication and a clear understanding of your rights will be crucial.
If you've completed your notice period and fulfilled all the necessary requirements for your Full and Final (FNF) settlement, but your employer is refusing to provide your payouts and has terminated you, it's important to take the appropriate steps to address the situation. Here's what you could consider doing:
Review Your Employment Contract and Policies: Carefully review your employment contract and any company policies related to termination and FNF settlements. Ensure you understand your rights and the company's obligations in this situation.
Gather Documentation: Collect all the documentation related to your notice period completion, FNF settlement, and any communications you've had with your employer regarding the termination and payout denial. This documentation could be crucial if you need to take further action.
Speak with HR or Management: Reach out to your company's HR department or relevant management to discuss the situation. Calmly and professionally express your concerns and inquire about the reasons for your termination and the denial of your payouts. Make sure to communicate your willingness to resolve any issues.
Understand the Reasons: Ask for clear reasons behind your termination and the denial of your payouts. Understand whether this is a misunderstanding, a mistake, or a deliberate action on their part.
Escalate if Necessary: If you are not able to reach a satisfactory resolution through discussions with HR or management, consider escalating the matter. This could involve speaking with higher management or seeking guidance from an ombudsman or compliance department within the company.
Labor Authorities or Employment Tribunals: Depending on your jurisdiction, you might have the option to file a complaint with labor authorities or employment tribunals if you believe your rights have been violated. An employment lawyer can guide you through this process.
Maintain Professionalism: Throughout this process, it's important to maintain professionalism and avoid confrontations or aggressive behavior. Effective communication and a clear understanding of your rights will be crucial.
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