quesIs leave for a month a ground to terminate employment w/o notice?

Can I send my company a legal notice that terminated me illegally because I had taken a personal leave for a month? My wife was not well and had to undergo a major surgery. I had to take leave from office for the same reason.

 

When I came back, the company asked me to stop coming to office. They did not send me any notice. My salary has been pending for the last 3-4 months.

 

What can I do?

 

  • ansYes, you can send a legal notice to your employer if they have illegally terminated you from your job. However, it is pertinent to mention that you must have a termination letter or any written document which specify or can prove that your employer has terminated you from employment.

     

    Further, before sending a legal notice we will advise you to write a letter or send any written communication to your organisation thereby demanding your salary pending for last 3-4 months and request them to complete your full and final procedure.  

     

    Also in this letter, do mention at the last line "that in case company fails pay your salary of 3-4 months and fails to complete full and final procedure within 15 days from the receipt of this letter, you will be constraint to take legal action against them". 

     

    This letter should be send through Registered post AD or speed post. Please keep the receipt of Registered post AD or Speed Post carefully as same will be required before the Court.

     

    If still your company does not pay your salary and does not complete your full and final certificate, then we can send them a legal notice. 

     

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Labour & Service lawyers in India

Similar questions

Free Legal Advice - Labour & Service
Free Legal Advice - Labour & Service

Labour & Service Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)

  Dwarka
 Experience: 16 years


Advocate Vishal V Birajdar

  Andheri West
 Experience: 10 years


Advocate Sunil Dalal

  New Friends Colony
 Experience: 19 years


Advocate Madhur Gulshan Sapra

  Tis Hazari Court
 Experience: 13 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly