LawRato

Terminated from services without a valid reason what to do.


20-Dec-2023 (In Labour & Service Law)
 I had been worked with EXL Service private Limited BPO in Noida UP. I joined the same MNC in 18-2-2016 - 27-7-2016 but management had terminated me by sending a termination letter on 20-8-2016 along with salary in my yes bank account. The management mentioned a termination reason be word "probation" in letter. Later on, I concerned with labor department and show all documents. They stated that it is illegal. The word probation doesn't mean any termination in terms of law. I have also shown up other documents which company had given at the time of joining, they stated:- 1. You have joining letter along with salary structure where no probation period mentioned so I would be treated as a regular employee as per law. 2. I have also shown up previous same joining letter with such salary exposure duly signed with company HR when I joined this same firm in year 2007 and left at 2010. Plus experience letter and relieving letter too. 3. The letter send by HR 
Answers (1)

Answer #1
520 votes
Dear Sir,
Your query seems quite vague however based upon whatever I could gather it seems that you are disgruntled with your termination. I am not sure which labour department you consulted, however in my opinion a BPO may not strictly fall within the jurisdiction of Labour Courts. Secondly, due to the high attrition rates, most of the BPOs of the Country make you sign an agreement/contract in which it is written that you may be discontinued either by a notice or salary of one month in lieu of notice. So even if you were a regular employee (and were not on probation) - if your employer has given you your salary in lieu of your notice period and terminated you, then they may not have done anything illegal. However you do have an option of questioning the termination in normal civil courts however keeping in mind the time taken over there- I would not advice that option. In the alternative you can try sending them a legal notice and see if that works out for you.
thanks

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."