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Termination of employment without notice period
01-Apr-2023 (In Corporate Law)
I worked with a IT Co for a year as manager HR and my employer called me on 31 Mar and said they are terminating me immediately for performance reason. I did not receive any warning in writing or verbally before neither any notice. They also refused to pay anything in lieu of notice period saying that appointment letter says that company can terminate an employee for performance without and payment. being HR I knew that appointment letter has this in written, I tried to tell them while in service but management did not agree. Hence it was there in letter. Also they have done this before with 3-4 employees more. I want to ask can they write this legally and m I not eligible to get any payment in lieu of notice period. If I am then, would it be my gross salary or basic salary. PL suggest.
You can raise a labour dispute and you will obtain good orders if you can show you worked there without any controversy. Your termination without a show cause notice is illegal and bad in law so you must challenge such high handed actions.
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Adv. Karan Prithviraj Adik
Mumbai | 25+ Answers
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Dear Sir/Madam,
If the terms of the employment contract are coercive then it can be proved in the court of law. It is important to peruse all terma of contract. You can always sue them for breach of contract and claim damages. A class action suit can also be instituted.
If the terms of the employment contract are coercive then it can be proved in the court of law. It is important to peruse all terma of contract. You can always sue them for breach of contract and claim damages. A class action suit can also be instituted.
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Adv. Ranit Basu
Mumbai | 25+ Answers
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hi,
if the termination clause stating that they can terminate you without any prior notice on performance and you have signed that means you have agreed on it. moreover there has to be clause on salary as well i suggest you to go through you appointment letter for loopholes. and you are entitled for payment.
if the termination clause stating that they can terminate you without any prior notice on performance and you have signed that means you have agreed on it. moreover there has to be clause on salary as well i suggest you to go through you appointment letter for loopholes. and you are entitled for payment.
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