Illegal retrenchment by a company whom to approach

430 votes

Your employment with a private company is governed by the letter of appointment issued to your by the company and comes under the ambit of Contract Act. We would like to know few more things before we can advise you:

If you signed any contract of employment before joining the company?

If so, what were the terms of termination of employment in the contract?

If there is no provision stating clearly that your employment can be terminated at any time without issuing any notice then ofcourse you can take legal recourse. The first step of which will be to send the company a legal notice.

We would like to know your monthly salary and the designation of your job so that we can clearly determine if you are protected by Industrial Disputes Act or not.

If you are working at a salary less than Rs.10,000 per month and are not working in a supervisory position, you fall under the jurisdiction of Industrial Disputes Act and should file a written complaint to the Assistant Labor Commissioner who will take required legal action against your company.

On the other hand, if your monthly salary is above Rs.10,000 and / or you are at a supervisory position, your employment with a private company is under the jurisdiction of the contract act and will be governed by your employment contract. Please note that civil courts cannot grant reinstatement and the only relief available to you is to recover your legitimate dues from the company inline with your employment contract.

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