Head - Human Resources
Labour Law Advocate
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What can be done if the employer had terminated the employee orally without giving him notice though the employee had approach the employer through Whatsapp and followed by the letter asking the employer to furnish him with the termination letter and how his due's can be settled? Will the employee is eligible to get the remuneration with effect from the date of termination letter or from the date on which he had been informed about the termination? Can the employee approach the labour commission with his grievances ?
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Hi Irfan,
You need to rephrase your question. I understood that an employee has been terminated. However, you have mentioned "terminated without notice" & "with effect from the date of termination letter". Bit confusing :(
Hi Irfan,
If an employer had terminated instantly without notice period there is a condition.
On what basis the employer was terminated?
Whether the employer is a confirmed employee or in probation periods?
If in case of probation period and the company doesn't like the employee service they can terminated at any time without prior notice which think that they will lose their business.
If the employer is confirmed and terminated due to any compliance issue or doesn't abiding company policy then in that case they have to give him termination letter on the basis of the condition.
However apart from it, if they terminate then they should pay two months salary with full and final.
If the termination is illegal, whether the employee is terminated through verbal order/ letter/ refusal of employment, and the said employee wants to challenge, then he can lodge a complaint before the labour commissioner.
But if the employee accepts such termination (whether legal or not) and only interested in full and final settlement, then there is no initial requirement for going to the Labour Commissioner. Full and final settlement can consists of salary, bonus, incentive, gratuity, PF etc. and all these components cannot be claimed before a single forum/ authority.
Terms of appointment are the determining factors. If there is mention of employee or employer separation, they can be referred to in the correspondence with the employer at the first instance.
I work at embassy of republic of Congo, new Delhi. Ambassador terminated me without any notice. I served 4.5 months, in which 3 months were probation.Can I challenge in labour court? They have not given me any appointment letter and they pay salary by check
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