Hello, experts.

I am terminated due to redundancy in my position in the company. This was communicated over call and was given 3 days for handing over. However, I was promised to get one month's remuneration as notice. But I did not receive any formal written communication despite follow-up. After three days of verbal information, my access to the company's email was revoked. I got a termination letter after my last working day at the company. Is it legal to do so? Termination letter can be issued backdated?

Also in the name of full and final settlement, the company withhold my last month's salary and notice period salary. Can the company do this? is it legal?

From India, Gurgaon


It is very unfortunate you have been shown exit door. Termination letter date can postdated after the relieving date. There is nothing wrong in it.

Please ensure you receive one month notice pay along with salary for the days worked till last working date. Normally in such cases FFS should be expedited and settled ASAP.

From India, Madras

Termination letter dated can be on last working day.

As it is termination, organisation need to pay the terminal benefits, pending salary, notice period pay as per the employment & any other dues liable & there is no right to hold the same

From India, Bangalore

First and foremost no orders of termination at the instance of the employer can be back-dated or have retrospective effect.

If the facts leading to termination as narrated in the post are true, the question of notice pay payable by the employee does not arise at all as it is the case of unilateral termination of the contract of employment by the employer and the recovery of the same is illegal.
Infact, it is the employer who has to pay the notice salary to the terminated employee as per the exit clause, if any of the contract of employment.

The poster can lodge a complaint against the employer in this regard with the local labor office.

From India, Salem
Pocket HRMS

The legalities of your termination depend on your employment contract and the laws in your country or state. In general, employers are required to give written notice of termination, even for redundancy. The notice period is typically one or two months as specified in the contract. If written notice is not provided, the employer may owe pay in lieu of notice.

In your case, if your employer failed to give you written notice until after your last working day, it may be illegal. Withholding your last month's salary and notice period salary could also be illegal. Consult an employment lawyer to understand your rights.

To deal with a wrongful termination:

1. Keep copies of all relevant documents.
2. Consult an employment lawyer.
3. File a complaint with the appropriate government agency.
4. Consider taking legal action.

I hope this helps.

From India, Dombivali
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