Termination After resignation without any warning and salary deducted
4 months ago
I recently resigned from my job on December 26, citing my mother's health issues as the primary reason. I negotiated to serve the notice period until January 15, working remotely from Odisha where my mother was located. Unfortunately, I couldn't update my employer about the change in location. Despite continuing to work from home with their approval, they are now threatening to send a legal notice, accusing me of providing misinformation about my location. They are also indicating termination and potential deduction of pending salary based on my compensation.
I have submitted my mother's health report to justify the situation. They are telling me you didn't do any work after 26 January.. and telling me since i am not serving my notice period they will terminate me and as per compensation they will not provide my last month salary. WHat should i do?
A.Dear Client,
After submitting your resignation with a request for early relieving, the Company accepted, allowing you to work remotely until January 15. Your relocation, given the remote nature of your work, should not be grounds for termination or threats from the Company. Any unjust actions, such as terminating your service or withholding Full and Final Settlement dues, would be considered unfair labor practices and victimization. If you fall under the definition of a workman as per Sec.2(s) of the Industrial Dispute Act, 1947, it is advisable to serve a legal notice to your employer, raising concerns about illegal termination and unfair labor practices. You may consider filing an industrial dispute directly with the relevant Industrial Tribunal under Sec.2A of the ID Act, seeking reinstatement with back wages. Alternatively, filing an application under Sec.33C(2) of the ID Act before the Labour Court to claim recovery of all dues on resignation or termination is an option to pursue. Consulting with legal professionals will help you navigate these actions effectively.
Thankyou
After submitting your resignation with a request for early relieving, the Company accepted, allowing you to work remotely until January 15. Your relocation, given the remote nature of your work, should not be grounds for termination or threats from the Company. Any unjust actions, such as terminating your service or withholding Full and Final Settlement dues, would be considered unfair labor practices and victimization. If you fall under the definition of a workman as per Sec.2(s) of the Industrial Dispute Act, 1947, it is advisable to serve a legal notice to your employer, raising concerns about illegal termination and unfair labor practices. You may consider filing an industrial dispute directly with the relevant Industrial Tribunal under Sec.2A of the ID Act, seeking reinstatement with back wages. Alternatively, filing an application under Sec.33C(2) of the ID Act before the Labour Court to claim recovery of all dues on resignation or termination is an option to pursue. Consulting with legal professionals will help you navigate these actions effectively.
Thankyou
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A.Dear Client,
You tendered your resignation from the Company with a request for early relieving which was accepted allowing you to work from home/remote mode up to 15th January. Thus, by allowing the employee to work in remote mode during the notice period, the company can neither raise a question nor threaten you on your relocation that has no direct or indirect nexus with your job/assignment that is being complied with online mode and cannot be a cause of termination on the ground of negligence or dereliction on the part of an employee. Therefore, any illegal and arbitrary action if taken by the Company terminating your service or withholding your F & F Settlement dues will amount to victimization and unfair labour practice on the part of the Company. In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1847, then you need to serve a legal notice to your employer/company and file or raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act against the employer over alleged illegal termination and unfair labour practice claiming reinstatement in service with back wages. You can also file an application under Sec.33C(2) of the I D Act against the Company before the Labour Court claiming recovery of entire dues receivable to an ex-employee on resignation or illegal termination.
You tendered your resignation from the Company with a request for early relieving which was accepted allowing you to work from home/remote mode up to 15th January. Thus, by allowing the employee to work in remote mode during the notice period, the company can neither raise a question nor threaten you on your relocation that has no direct or indirect nexus with your job/assignment that is being complied with online mode and cannot be a cause of termination on the ground of negligence or dereliction on the part of an employee. Therefore, any illegal and arbitrary action if taken by the Company terminating your service or withholding your F & F Settlement dues will amount to victimization and unfair labour practice on the part of the Company. In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1847, then you need to serve a legal notice to your employer/company and file or raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act against the employer over alleged illegal termination and unfair labour practice claiming reinstatement in service with back wages. You can also file an application under Sec.33C(2) of the I D Act against the Company before the Labour Court claiming recovery of entire dues receivable to an ex-employee on resignation or illegal termination.
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