What to do if company is not doing FNF
13-Dec-2023 (In Labour & Service Law)
Hi, I am working with it Company as a manager, company suddenly inform verbally for termination.. neither any notice period nor any information.. now hold my salary of a month and saying drop a mail for full and final settlement..Looking forward for your guidance..
There are different modes of remedies available in case of a public sector undertaking and a private company. If your company is a public company, then you can approach the concerned Administrative Tribunal (Central or State, depending upon the concerned Government having stake in the Company). If it is a private company, then it would depend upon your contract of employment as in which particular circumstances, the termination of an employee can be made. In that case you might have to institute a suit for specific performance of the contract. Since it is a case of oral termination, you have a really good chance of getting a favorable order.
Dear Client.
As you said, there was no any opportunity conferred to you to defend and reply against their termination order. 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 approach the Court of Law.
As far as it relates to the full & final settlement. What are they justifying for not clearing the same.
What is your concern is it the illegal termination order or the full and final settlement. Once you agree for the full and final settlement then you can not challenge the termination order. However in this situation you can just ask for your salary not for the full and final settlement.
Regards,
Tushar Bahadur,
(Advocate).
High Court Lucknow.
As you said, there was no any opportunity conferred to you to defend and reply against their termination order. 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 approach the Court of Law.
As far as it relates to the full & final settlement. What are they justifying for not clearing the same.
What is your concern is it the illegal termination order or the full and final settlement. Once you agree for the full and final settlement then you can not challenge the termination order. However in this situation you can just ask for your salary not for the full and final settlement.
Regards,
Tushar Bahadur,
(Advocate).
High Court Lucknow.
Dear Client,
As per the above mentioned query this case was fall under the Labour Court under Payment of Wages Act,
As per section 3 of P.W.Act "Responsibility for Payment of Wages". If any company or management can hold your salary or wages and not providing to you then you can file an application under Section 17 of Payment of Wages Act for your upholding wages.
If you have any query regarding this or nay matter so can easily contact me.
As per the above mentioned query this case was fall under the Labour Court under Payment of Wages Act,
As per section 3 of P.W.Act "Responsibility for Payment of Wages". If any company or management can hold your salary or wages and not providing to you then you can file an application under Section 17 of Payment of Wages Act for your upholding wages.
If you have any query regarding this or nay matter so can easily contact me.
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.
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