I joined my company with letter of intend
2 months ago
I joined my company with letter of intend saying that it will be permanent work from home. In my agreement it says I may be asked to join office at any time if required. But verbal communication said that they will not call me for work from office. I stay in jaipur where as my compnay is in Noida. My company asked me to join office premises while I was working remote. I emailed them with a request that on humanitarian ground please allow me to work remotely as I would not be able to join work from office. After that without any communication on 7th day of my letter they called and terminate me. I requested on phone it self if they can allow me to resign but they didn’t accept and said they will terminated from that time only.
In my relieving letter they titled it as terminated letter and mentioned reason of termination. My termination letter mention my joining date and last date along with my position in the organisation. Now I want to ask am I entitled to ask for separate experience letter by law or it depend on compnay to whether give one letter or separate two letter ( relieving/ terminated letter and experience letter) .
Can I legally do something if they say that they provide only one letter and that is relieving letter stating start date n end date of my employment
The term "termination" carries a stigma that can significantly impact an employee's career. Termination or retrenchment without proper notice or conducting an inquiry into any alleged misconduct, as a disciplinary measure against an employee, constitutes illegal termination or retrenchment in violation of natural justice.
Section 25F of the Industrial Disputes Act (ID Act) outlines certain conditions that employers must fulfill before retrenching an employee. According to this section, no workman employed in any industry, with continuous service of not less than one year under an employer, shall be retrenched until:
(a) the workman has been given one month's notice in writing indicating the reasons for retrenchment, and the notice period has expired, or the workman has been paid in lieu of such notice, wages for the notice period,
(b) the workman has been paid, at the time of retrenchment, compensation equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months, and
(c) notice in the prescribed manner is served on the appropriate Government.
The condition mentioned under Section 25F(c) requires the employer to give notice to the appropriate government, in addition to the other two conditions. Unlike the notice requirements of Section 25F, Section 25N requires the employer to make an application, along with the reasons for intended retrenchment, to the State Government for seeking its prior permission to retrench the employee.
In the current situation, it is advisable to serve a legal notice expressing your objection to the arbitrary and unethical termination, citing the relevant provisions of the law. If you are classified as a workman under Section 2(s) of the Industrial Dispute Act, you should approach the office of the State Labour Commissioner to file a complaint against the employer for the redressal of your grievance. Simultaneously, you can file an application under Section 33C(2) of the Industrial Dispute Act before the concerned Labour Court to claim dues resulting from illegal termination or retrenchment.
If you hold the position of Manager/Administrative Officer in the company, you may need to file a civil suit before the Civil Court to seek appropriate relief.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
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.]
The word termination is itself a stigma that adversely affects an employee's service career. Termination/retrenchment without giving notice or conducting any inquiry against any misconduct as a measure of disciplinary action against an employee amounts to illegal termination/retrenchment in violation of natural justice. Section 25F of the ID Act provides for the employer to fulfill certain conditions before retrenching any employee. It states that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice, (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. The condition given under section 25F(c) states requires the employer to give notice to the appropriate government in addition to the other two conditions. Further, unlike notice requirements of section 25F, the employer is required under Section 25N to make an application along with the reasons for intended retrenchment to the State Government for seeking its prior permission to retrench the employee. So, in the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer citing the above proposition of relevant law and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal termination in violation of mandatory provisions of I D Act, reach out to the office of the State Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on illegal termination/treanchment. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief.
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