Can Employer fired Employee Suddenly
18-Sep-2023 (In Labour & Service Law)
Hi, I m working in a MNC company and suddenly company fired some employee with the letter of process closed and 1-month salary in Advance. And while we ask to the employer they said that it can be the process will continue after 1-month or it can be closed. So I want to know that in this situation what is the Employee benefits that as per my knowledge the company should give the 3-month salary and min 30-days prior notice. Please suggest me.
Dear ..
In such like matters to have a look on version of notice that has been served on you, is necessary. If notice is reciting that your services are no more required by the company after a particular date and this notice may be treated as a statutory notice, and there is not even a whisper in the notice that the Office with which you were attached is being closed down, notice will be illegal and same can be challenged before Labour Court.
However, if one month notice and one month's salary in lieu of notice given to you, there is no illegality in notice and you cannot challenge same.
Remaining factors will be governed by contract between you and employer.
Thanking you.
In such like matters to have a look on version of notice that has been served on you, is necessary. If notice is reciting that your services are no more required by the company after a particular date and this notice may be treated as a statutory notice, and there is not even a whisper in the notice that the Office with which you were attached is being closed down, notice will be illegal and same can be challenged before Labour Court.
However, if one month notice and one month's salary in lieu of notice given to you, there is no illegality in notice and you cannot challenge same.
Remaining factors will be governed by contract between you and employer.
Thanking you.
Usually the terms and conditions of the appointment letter/ contract while joining the services of the company would determine the notice period or the amount of salary, which the Co. is supposed to give, before terminating the employee. It can be both one month notice/one month's salary or three months notice/salary.The appointment letter/ contract would also state the mode by which the dispute would be resolved, in cases of contract breach.
Dear sir
Go through your appointment/ contract letter and analyse is there any clause/ terms and conditions mentioned like this? If it gas not mentioned then you can file a suit in labour court although mnc company gives 1 to 3 months notice in such conditions which vary from cmpany to company.
Go through your appointment/ contract letter and analyse is there any clause/ terms and conditions mentioned like this? If it gas not mentioned then you can file a suit in labour court although mnc company gives 1 to 3 months notice in such conditions which vary from cmpany to company.
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