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Terminated Without Any Notice Or Cause While On Medical Leave
05-Nov-2023 (In Labour & Service Law)
Hi there, I'm the Head - Content & Social Media of my company and was recently terminated (Nov 2) while I was on medical leave without any prior notice or cause. Upon contacting the boss on Whatsapp a screenshot of a personal chat was being sent along with an audio msg as the reason of termination. My sal is due on Nov 7 and office laptop lies with me with all emails. I want to know whether is this ILLEGAL TERMINATION or not? If yes, do i have the right to get my notice period pay ( have a 2 months notice) along with my salary, incentives and leave arrears. I have been with this company for 8 months. It's based in Mumbai, Goregaon and is a Digital Agency. Kindly assist
It is illegal to terminate an employee without any reason and without giving the employee an opportunity of being heard. There should be a reason for termination.
The employer should have appraised, Since the employer has not taken any initiative to do so the act of employer terminating your service is illegal.
The notice period starts on the date of receipt of communication. But since the employer has not paid or nor has agreed to pay two months pay in lieu of notice.
The employer should have appraised, Since the employer has not taken any initiative to do so the act of employer terminating your service is illegal.
The notice period starts on the date of receipt of communication. But since the employer has not paid or nor has agreed to pay two months pay in lieu of notice.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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Your appointment letter needs to be seen first to check your period of probation, terms and conditions for termination of employment, incentives and leave arrears. Secondly your designation along with the nature of duties also have to be seen from the appointment letter so as to challenge the illegal committed under the labour laws. If you already have your office laptop with you, kindly submit the same as it would amount to possessing something without your authority and initially if you think after perusing your appointment letter that your termination is illegal, send a formal letter or legal notice stating the illegality committed by your company.
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