Hi Team, If the company terminated your employment without prior notice what action should the employee take? Company pay one month salary advance or any other portions. Kindly suggest.
From India, Navsari
From India, Navsari
Employment is basically a contract of service between the employee and the employer and as a party to the contract, anyone of them can unilaterally terminate the contract anytime as he desires subject to the fulfilment of the exit conditions mentioned therein. When one fails to do so, it tantamounts to breach of the contract the remedy against which is institution of litigation in a competent Court of Law by the aggrieved party.
Employees in the cadre of "workman" as defined u/s 2(s) of the ID Act,1947 or as " person employed " under the State Shops and Establishments Act are protected by them respectively when the employer fails to comply with the conditions of termination analogous to discharge, retrenchment. In such cases, the employee can raise an industrial dispute under the ID Act,1947 or file an appeal under the relevant provision of the S&E Act within the prescribed time limit demanding reinstatement with continuity of service and all other attendant benefits.
However, this will not be applicable to the termination of the services of a fixed term contract employee on the expiry of the contract period.
In the case of higher cadre employees like supervisor, manager, they can seek the remedy of damages from the employer through the institution of Civil Suit only.
From India, Salem
6016Employees in the cadre of "workman" as defined u/s 2(s) of the ID Act,1947 or as " person employed " under the State Shops and Establishments Act are protected by them respectively when the employer fails to comply with the conditions of termination analogous to discharge, retrenchment. In such cases, the employee can raise an industrial dispute under the ID Act,1947 or file an appeal under the relevant provision of the S&E Act within the prescribed time limit demanding reinstatement with continuity of service and all other attendant benefits.
However, this will not be applicable to the termination of the services of a fixed term contract employee on the expiry of the contract period.
In the case of higher cadre employees like supervisor, manager, they can seek the remedy of damages from the employer through the institution of Civil Suit only.
From India, Salem
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