Illegal termination is one of the most commonly occurring employment disputes in India. Each year, many employees face wrongful termination and are left stranded with no financial support. If you are an employee who has been wrongfully terminated, you have the legal remedy to send a legal notice to your employer.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice, one may choose to file a suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on.
There are legal remedies that an employee can take recourse to, in case he/she has been illegally/unlawfully terminated. It is important to choose the correct legal remedy against your company/employer in order to get justice (and your salary). Given below are simple yet crucial steps that will help you if you have been terminated illegally.
The first step should be to send a legal notice since most cases get resolved in this step itself and you do not need to proceed to Court. One must send a well-drafted and legally sound notice to ensure that you get a prompt response on your notice and you have maximum opportunity to redress your claim.
Legal notice is the first step of the legal recourse/court case. A legal notice must consist of the entire story in descriptive terms, signed by a lawyer. Through a legal notice, you must seek end to end damages including back pay, lost benefits, injunctive relief, punitive damages, health insurance provident fund and loss of salary. A specific time period for reply and for the company/employer to compensate you for your loss of job and your salary (including payment of interest for the delay) should be mentioned. It should also be stated that you would file a case in a Court if your legal notice is not complied with within the specified time period.
Ref. No……………. Dated ____, __________
REGD.A.D.
SUB.: LEGAL NOTICE
To,
XYZ Company Private Limited
Through its Managing Director
Mr. ABC
Sir/Madam,
Pursuant to the instructions from and on behalf of my client, ___________________, resident of _________________, I do hereby serve you with the following Legal Notice: –
That my client, ______, was appointed by your offer letter dated _______ and the salary of my client, ______, was fixed at Rs.______ per month.
That the offer letter dated _____, stated the joining date as ______ which my client ______ duly followed.
That my client performed her duties diligently, regularly, and with utmost punctuality and sincerity, and with full devotion in accordance with the well-settled provisions of the law. You issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client along with the Identity Card.
That on _________, when my client went to attend her duty, your office abruptly refused to allow her to attend her duty and informed her that her services were no longer required by your office. Thus, the services of my client were terminated by you in a most illegal and unlawful manner without any reasonable rhyme or cause. At the time of termination of the services of my client, you did not pay the salary for the month of ___ and __ days salary for the month of _________ which comes to Rs. ______/- to my said client.
That my client visited your office from 9 a.m. to 4 p.m. from time to time and spent a huge amount of Rs. ____/- on the charges of traveling but you refused to reimburse her. Additionally, the amount of Rs. ______/- that my client spent while doing fieldwork for your company remains unpaid. On the __th Month, year, you clearly refused to pay the salary amount of Rs. _____/- to my client along with traveling charges and the amount spent on fieldwork.
That you did not provide statutory benefits, i.e., Provident Fund, etc. You also did not pay the bonus and other service benefits, which totals Rs. _____/-.
I, therefore, call upon you through this Notice to reinstate my client and make the payment of Rs. ______/- to my client along with interest up to date, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file a criminal as well as a civil suit and Suit for Recovery in the competent court of law. In that event, you will be fully responsible for all costs, risks, responsibilities, expenses, and consequences thereof. Please note well.
A copy of this Notice is kept in my office for record and further necessary action, and you are also advised to keep a copy safe as you would be asked to produce it in court.
____________
ADVOCATE
Download Word DocDocuments required for sending a legal notice to the employer for wrongful termination are as follows-
Copy of Employment Contract/Agreement
Bank Statement/ Proof of unpaid salary and past salary received
Appointment Letter/ Email Conversation
Other benefits and allowances allowed or entitled for
The following procedure can be followed while send a legal notice for wrongful termination:
Find and hire a well approved legal attorney/lawyer having experience in dealing with employment issues and matters relating to labor laws.
Get a legal notice prepared through him specifying details of employment terms and duration for which salary was not paid.
Give a second look to the legal notice prepared, to assure accuracy and affirmation of all facts and figures stated.
After all legal attestations and approvals, send the notice to the employer through registered post.
Alternatives available with the Employee to recover the due Salary-
Go for Arbitration and Mediation
Approach the District Labor Commissioner and seek his assistance
File a Civil Law suit for recovery of the Salary
File a Complaint before the District Labor Court under the Industrial Disputes Act, 1947.
Follow the procedure envisaged under the Insolvency and Bankruptcy Code, 2016 ( in cases of a company employer)
By initiating the correct and appropriate legal proceedings, an employee who has been wronged can secure his/her job term and can also recover his/her due salary. The main relief an employee can get from the legal remedies is monetary compensation or damages. The purpose of monetary damages is to compensate you for what you lost because of the employer's actions. You will have to prove not only that you suffered losses because of the employer's wrongful actions, but also the amount of those losses.
It is imperative that you hire a labour and service lawyer as he/she is aware of the laws and the procedures involved in case of wrongful or illegal termination. Only a lawyer will be able to guide you on the correct path as he/she has the requisite experience and expertise in dealing with such matters. A lawyer will be able to draft your legal notice and your suit and even file it in the correct court. A labour lawyer, being an expert in the service and labour laws can help you understand the options available to you in situations like these and can also assist you with the necessary procedures in order to resolve your issue regarding illegal termination and recovery of due salary.
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