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Wrongful termination of services with US MNC
29-Sep-2023 (In Labour & Service Law)
I have been terminated from my service after 25 years citing reasons of poor performance. I was not given a prior notice nor was I granted an opportunity to present my case. Moreover the Management could not describe a single instance of low performance. Above all I have to my credit various letters and documents recognizing my contributions from senior managers and the country head for India. The approach was absolutely incorrect and were unreasonable. I need help to get my rightful dues
Before termination of any employees that employer must give an opportunities to the employee under the right to a fair hearing of the priniples of Natural Justice which is confirmed and guaranteed under the Law. there is simple procedures during the conduct of yearly, half yearly and quarterly appraisal and it must be folllows the company rules and regulation which is available under the established policy.
The management of the company has erred in firing you without giving an opportunity for you to be heard before passing the termination order. First the management should have served you a Show Cause Notice giving some target date for you to reply and from the management's perspective if the reply is not satisfying, then the management had to conduct an inquiry giving you opportunity for you to defend and then based on the inquiry report action, if any, should have been taken. You can file a complaint before the local Labour Commissioner,
4. Filing case before civil court without going to labour court will not be proper,
The management of the company has erred in firing you without giving an opportunity for you to be heard before passing the termination order. First the management should have served you a Show Cause Notice giving some target date for you to reply and from the management's perspective if the reply is not satisfying, then the management had to conduct an inquiry giving you opportunity for you to defend and then based on the inquiry report action, if any, should have been taken. You can file a complaint before the local Labour Commissioner,
4. Filing case before civil court without going to labour court will not be proper,
Helpful?
12+
12+
Adv. Surendra Sonawane
Nashik | 25+ Answers
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U will get legal remedies under wrongful termination, under the labour act
No company, either local or MNC can terminate like this
I will give you the remedy after knowing all details about you and your company
No company, either local or MNC can terminate like this
I will give you the remedy after knowing all details about you and your company
Helpful?
21+
21+
Adv. Anil Gaikwad
Navi Mumbai | 100+ Answers
CONTACT NOW
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