How to deal with unfair practices by employer

639 votes

Dear
It is hereby advised to approach the labour Court in the concerned jurisdiction where your company is situated. Otherwise also can be filed but that will cause you lot of efforts. Thereby file the case in the appropriate labour court. You will succeed.
Regards

LawRato LawRato

590 votes

As per the terms and conditions of the offer or appointment letter's violation company can terminate the employee without notice and your friend might have aware about it. If he has sufficient proof to prove that he innocent then he can file suit against the company for illegal termination before that he can send legal notice through advocate. Even other aggrieved employees also can join with him as a parties to make case strong. There must be disciplinary action taken by the company before terminating your friend if not state the same before your advocate who will help him to take legal action.

Advocate Rajesh K.S LawRato

551 votes

The Legal remedy fully depends upon facts and rationale for refusal of early relieving of each employee. If you are not able to negotiate with the company or HR then you can (a) appoint an advocate or mediator to have meeting with the HR to resolve the disputes and understand the rationale for not relieving earlier than the agreed notice period or (b) to strategically to put pressure on Company, you can issue a legal notice asking to relieve early and offer them the buyout of period that you cannot serve notice for. Even ask in such legal notice, in event if the company wants to refuse the offer of buyout then the reason for not ready to relieve early to be mentioned.
You are governed by employment agreement if you are an employee (not workman under industrial disputes act) and breach of terms of employment agreement will only entitle employer to recover damages for breach of the employment agreement.

If you are protected workmen as above, then you may be governed by industrial standing orders and you can raise a dispute mentioning that notice period applicable shall be as per law and hence need to the appropriately relieve and state that legally you are entitled to notice period (i.e. 30 days or as mentioned in applicable statutes) required under applicable statutes like Shops and Establishment Act or Factory Act

Advocate Rajesh Singh LawRato

732 votes

If company is not responding properly to your emails, than after one or two more sincere requests, you should take legal recourse and file a complaint against them or send them notice through lawyer demanding explanation for delayed process without any proper communication. Even if after that company does not respond than then its a case of fraud practiced upon you by the company.

Advocate Siddhant Sharma LawRato

614 votes

You do have strong case , if you have concrete supporting documents backing your allegations and also proofs of your good performance in the company. This case shall be seriously taken as employers are in habit of harassing employees.

Advocate Siddhant Sharma LawRato