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Regarding termination of services in startup


27-Apr-2023 (In Labour & Service Law)

Am working from past 9 months in this startup in HR department. Recently I received a mail from my manager stating they want to discontinue my services starting today and my last working day would be on 21st May. There has been no performance evaluation. When I discussed on what grounds they are doing the same- she told me they don't have the role they hired me for. Nothing like this is mentioned in the offer letter.Can I take any legal step?I somehow feel whatever has been done with me is illegal. I genuinely want to stand against this in case i have a chance. Would seek best advice on this.

Answers (2)

Answer #1
729 votes
This is a major repercussion of taking employment with startup. Since earnings of startups are diminishing with most of startups having no concrete assessment of business & not having strong legal team to guide, the result is that over period of time most of startups close their business, and employees are first ones who face termination. Now your employment with your employer is a contract which should have clause relating to minimum one month notice period which is requirement of law, and if they terminate your services at once, your employer is bound to make payment of one month salary. Other than that you may not have much remedy available under the law.
Answer #2
591 votes
In the private sector your terms of employment are governed by the contract signed by you with the company. Thus if they are terminating your service as per the contract you will not be able to reclaim appointment but you will be able to claim wages in case of inadequate time on written notice. However if you feel your services have been wrongfully terminated you may sue the company and claim compensation for the same.

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