The employer terminated without any prior notice want to take action

705 votes

Dear Client,

Firstly, employees would be terminated based on misconduct, disobidience, fraud, misappropriation and breach of contract etc.. terminating you for reason that they can terminate you at any point of time is itself wrong.

Secondly before termination of any employees that employer must give an opportunities to the employee under the right to a fair hearing (audi alteram partem, or "hear the other side") of the priniples of Natural Justice which is confirmed and guaranteed under the Law. Your reporting manager also liable to for non performance under vicarious liability and he has bounden duty to tinker the same by delivering suggestions. It was totally an arbitrary act on the part of the Company.

Thirdly, As you said, there was no any opportunity conferred to you to defend and reply against their allegation. So it is completely against to principles of natural justice. Therefore, you can challenge the terminationn order and claim the compensation and damages for mental agony and illegal termination.

You have all the rights and better issue a legal notice to the employer i.e, Reporting Manager, HR Department and Review officer. Subsequently, if no use or reply from the employer, you can file a complaint before the local Labour Commissioner.

In case of any other clarification please feel free to contact.

Regards,
Tushar Bahadur,
(Advocate).

Advocate Tushar Bahadur LawRato

503 votes

To answer your query completely, It is necessary to peruse your Letter of Appointment. However, it can be said that even if the employer reserves the right to terminate without assigning any reason, he has to give at least 1 month's notice or 1 month pay in lieu thereof. Apparently, this termination is bad in law and can be challenged.

Advocate Manoj LawRato

667 votes

Termination without cause means that the employee is being terminated for reasons that are not related to misconduct and notice of the termination and possibly severance pay is required as outlined in the employment/labour standards.
An employer has the right to end an employment relationship without a good reason and therefore is not required to justify the dismissal of services. However, he or she is obliged to send a notice of termination, 30-90 days prior to cessation of services and clear all dues, making the following payments:

1. Salary in lieu of notice when the notice has not been given.

2. Salary for the days worked which remain unpaid

3. Encashment of unused paid leaves

4. Payment of gratuity to the employee who served for five years or more, as given in the Payment of Gratuity Act 1972

5. Payment of bonus for those employees who worked for at least 30 days in a financial year and earn up to Rs.10,000; as per the Payment of Bonus Act 1965

6. Any other dues contractually agreed under the company policy

Advocate Mohit Dhingra LawRato

628 votes

A 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience, with 15 days’ pay due for every year worked. In the case of manufacturing units, plantations and mines with 100 or more workmen, termination for convenience requires prior government approval; in other sectors, it requires only government notification. In such circumstances if you have been terminated by the company in illegal means you can file a case before the concerned Labour Court wherein your matter would be examined and you would be reinstated by the Court.
Thank You.

Advocate Shishir Dwivedi LawRato

758 votes

Hello sir
In your matter your company doing wrong/illegal with you . You file a case before Labour commissioner which have jurisdiction about your district . Consent any Advocate with full document or call me

Advocate Veerendra Kumar Awasthi LawRato