Dear Mr. Madhu and fellow members,
I'm a new member of this community and I have joined this network to learn more about cases of "illegal or wrongful termination of employment."
I was working as the Marketing Incharge at a corporate hospital belonging to a big corporate house. My business initiatives have led to a turnaround of the organization I work in. However, due to serious differences of opinion with the people at the helm of affairs, I was sacked last month without citing any reasons. My termination doesn't make any business sense as I have been recognized and appreciated for my business generation for the organization. I need to take legal recourse to seek justice for myself and to hold the top management accountable for violating employee rights. Here are my questions:
1) I was served with a notice on 27th August. I accepted and acknowledged the same a week later. Does my notice period start from the day of issuance or acceptance?
2) Is the notice period being served or compensated for counted in the duration of service?
3) My notice period ends just 3 days shy of my completion of 5 years of service. It seems like a ploy by the top management to deny me 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 the long query, but I'm eagerly awaiting a response from the moderator and members who have had similar experiences.
Regards,
Vijay
From India, Bangalore
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I'm a new member of this community and I have joined this network to learn more about cases of "illegal or wrongful termination of employment."
I was working as the Marketing Incharge at a corporate hospital belonging to a big corporate house. My business initiatives have led to a turnaround of the organization I work in. However, due to serious differences of opinion with the people at the helm of affairs, I was sacked last month without citing any reasons. My termination doesn't make any business sense as I have been recognized and appreciated for my business generation for the organization. I need to take legal recourse to seek justice for myself and to hold the top management accountable for violating employee rights. Here are my questions:
1) I was served with a notice on 27th August. I accepted and acknowledged the same a week later. Does my notice period start from the day of issuance or acceptance?
2) Is the notice period being served or compensated for counted in the duration of service?
3) My notice period ends just 3 days shy of my completion of 5 years of service. It seems like a ploy by the top management to deny me 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 the long query, but I'm eagerly awaiting a response from the moderator and members who have had similar experiences.
Regards,
Vijay
From India, Bangalore
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Unfair Dismissal Practices
An employer cannot dismiss or terminate an employee without assigning any reason, even if it is agreed upon by the employee. This practice amounts to unfair labor practices. It can be questioned before the appropriate forum, and if you are able to provide a valid reason, an order in favor of the employee would be passed.
From India, Tiruchchirappalli
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20An employer cannot dismiss or terminate an employee without assigning any reason, even if it is agreed upon by the employee. This practice amounts to unfair labor practices. It can be questioned before the appropriate forum, and if you are able to provide a valid reason, an order in favor of the employee would be passed.
From India, Tiruchchirappalli
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Hi Vijay,
I am saddened to hear about your situation. Please review the detailed terms and conditions outlined in your appointment letter. There may be a clause that states, "company reserves the right to terminate the employment at any time with or without giving prior notice or payment in lieu of."
If you have accepted a copy of the appointment letter with such a clause, it may be challenging for you to challenge it legally.
Regards,
Rashee
From India, Delhi
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I am saddened to hear about your situation. Please review the detailed terms and conditions outlined in your appointment letter. There may be a clause that states, "company reserves the right to terminate the employment at any time with or without giving prior notice or payment in lieu of."
If you have accepted a copy of the appointment letter with such a clause, it may be challenging for you to challenge it legally.
Regards,
Rashee
From India, Delhi
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Legal Notice for Breach of Notice Period .docx
Notice period.jpg