aakash-sharma1I am working in a limited company which is located in jaipur and I am based in ghaziabad location when I was covid positive and inform to the reporting boss and HR they fired me on a nonsense reason during the 2.0 lockdown my notice period is 2months and I have pending 4 months travel allowance and last month salary( April) 2021 month they fired me on end of the month they hold my salary and not giving me any notice period what will I do any suggestions will be great help please
From India, Kota
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
umakanthan53Firing of an employee with immediate effect even under the terms of the contract without simultaneous payment of notice salary and retrenchment compensation if the same is applicable is illegal on the part of the employer.
Therefore, if the poster was employed as a workman so defined u/s 2(s) of the ID Act,1947, he can raise an industrial dispute u/s 2-A(1) of the Act before the Asst Commr of Labor for the area where he worked last.
If he belonged to any other higher cadre, he can file a civil suit against the breach of the contract by the employer and claim the amounts due with damages.
From India, Salem