Thread Started by #//Ashwani//

I wanted to know if i can file a case against my employer for asking me to leave without any prior notice or written warning. My employer confirmed me that my performance was not upto the mark hence i can no longer work with the firm, however in my offer letter it's very clearly mentioned that my services can be terminated by either side by serving 30 days notice or immediately by paying the amount of notice period in lieu by either sides.
My employer one day suddenly terminated me and when i refused to sign my termination letter they asked me to go home and said to intimate me whether they will normally ask me to resign or terminate my employment whereas my service has already been discontinued effectively immediately and they will only confirm if they will terminate me or normally release me.
As per my understanding either ways are illegal and not as per the norms of offer letter provided to me.
Yesterday my company director called me to come and collect my relieving letter and sign the required documents after which my full and final settlement will be credited. Now i want to know whether I should sign the documents or what actions can i take against my employer for terminating my services like this. Can I claim my notice period salary from the employer for terminating my services immediately and any accrued bonuses legally. I am not sure if they will even provide my dues in FnF.
Thank you all for your kind suggestions..😊
7th May 2016 From India, New Delhi
The wordings in the termination letter is very important when we discuss the legality or illegality of a termination. This should also be as per the appointment letter unless there is a certified standing order as applicable to the employee. Based on the post above, we can only guess that you were a confirmed employee and not a probationer, and your performance appraisal did not happen before you were asked to go, you were not holding a post involving decision making and authority or simply you were not holding any managerial role and you were terminated without paying notice pay. If these are true, then your suit for recovery of notice pay and even challenging the termination will be maintainable and otherwise, not. Only thing is that the issue will take time to give any result and by the time you would have wasted some good time and money. And that may be the reason why people in the unorganised sectors having no collective bargaining powers do not turn against such employers leading the latter to repeat the same game against the employees. And that may be the reason why employers call for a good hire and fire policy as part of employment law.

The action by the employer is against the principles of natural justice even if the matter pertains to a managerial level employee who may not get any protection of labour laws. In any case, you can ask for the reason for termination and the HR person is bound to give it. It is true that in the case of a probationer no reason need to assigned for termination but a confirmed employee shall be terminated only after letting he know the reasons for termination and after hearing him. Therefore, I would say that before initiating a labour suite, which should be initiated after considering many other things like career, time and money etc, you should first ask the manager to give reasons for termination. If the things are not working then only approach the Labour Officer. Regret to say that these officials are not actually officials to safeguard the interests of workers/ employees but are meant for employers and are fed by the employers by paying regularly, in certain cases, on a monthly basis. This may not be situation everywhere. If you have good officers you can have a conciliation meeting in his presence and that will help you a lot. Then it is upto the Department to decide whether it should be referred to Court or not and in most cases, the employer will be ready for a compromise either by taking back the employee or by paying compensation and notice pay as per the law in force.

Madhu.T.K
7th May 2016 From India, Kannur
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