Kumaresank
Labour & Industrial Laws
+1 Other

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Dear Mr. Madhu/ Fellow members,

I'm a new member of this community and I have joined this network to know more about cases of "Illegal or wrongful termination of employment".

I was working as the Marketing in charge at a corporate hospital belonging to a big corporate house. My business initiatives have led to a turnaround of the fortunes of the organisation I work in. But due to serious differences of opinion with the people at the helm of affairs, I was sacked last month without citing any reasons. My sacking doesn't make any business sense as I have been recognized and appreciated for my business generation for my organisation. I need to take up legal recourse to get justice to myself and to teach the top management a lesson who think they can get away with such blatant violation of employee rights. Following are my questions:

1) I was served with a notice on 27th August. I accepted and acknowledged the same a week later. So does my notice period start from the day of issuance or acceptance?

2) Is notice period being served/ or being compensated for counted in the duration of service?

3) My notice period ends just 3 days shy of my completion of 5 days of service. It is a ploy by the top management to rob me of my gratuity entitlement. Will i still be entitled to gratuity?

4) I'm completely clueless about the legal recourse I can take to fight my case of Illegal Termination. How strong is my case if I have simply been told "Your services are no longer required w.e.f so and so...."

Apologies for a long query, but I'm eagerly waiting in anticipation for a response from the moderator and members having similar experiences.

Regards,

Vijay

From India, Bangalore
An employer cannot dismiss/terminate an employer without assigning any reason though same may be agreed by the employe. It amounts to unfair labour practise. It can be questioned before apporpriate forum & if u r able to provide valid reason an order in favor of employee would be passed.
From India, Tiruchchirappalli
Hi Vijay,
Sad to know about it. Please check the detail terms and conditions in your appointment letter. There can be a clause stating that "company reservs the right to terminate the employment at any time with or with our giving prior notice or payment in lieu of".
If you have given the accepted copy of such appointment letter with such clause, than, if can be difficult for you to chalenge in law.
Regards,
Rashee

From India, Delhi
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