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Termination without pay and notice


05-May-2023 (In Labour & Service Law)
Dear Sir/Madam, I have been terminated by my employer without any notice, i was verbally told i will be paid 20 days of salary but was only paid for 15 days . My offer letter does not have any terms with respect to notice period or termination. This said 1) I have not received any communication from my employer on my performance, company performance or the reason why i have not been paid my variable pay, i have sent them an email asking them for the same 2) I was not give any notice and was asked to leave immediately after finishing off my pending work which took 5 days, i was verbally told i would be paid 20 days of salary however i was paid only 15 days I need advice on whether i can pursue this case in court since my variable pay has not been given out and this amounts to a huge sum. Many other employees have been given 100 % payout of variable pay. There are no clauses defined for the pay out of variable pay except a mention of it depending on mine and company performance
Answers (2)

Answer #1
751 votes
Yes you can pursue this matter before the court for the wrong done against you. You should initially sent them a legal notice asking for your dues and proper documentation related to your departure from the organization. If they fails to make any proper response thereto or do not oblige that notice then you should immediately move before the court.
Answer #2
550 votes
You can initially get him served with a legal notice through advocate. However, if they refuse to give you your dues even then, you can either file a case in the labour court or file a suit for recovery against your employer. However, your documents, offer letter etc, nature of work need to be perused for appropriate advice.

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