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Is leave for a month a ground to terminate employment w/o notice?
27-Aug-2023 (In Labour & Service Law)
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?
Yes, 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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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