Was My Termination Legal? Seeking Advice on Notice Period and Compensation

Dear Expert, I am a confirmed employee and worked in a senior position with an MNC. I requested casual leave through email due to some severe problems. My services were terminated without giving me any notice. My appointment letter has a clause that states:

Termination of Employment

During the probationary period and any extension thereof, your services may be terminated on either side by giving one month's notice or salary in lieu thereof. However, upon confirmation, the services can be terminated from either side by giving two months (60 days) notice or salary in lieu thereof.

My query is:

1. Is the employer liable to pay my pending salary, which was for 15 days?
2. Is the employer liable to pay the notice period salary, which is for two months?
3. Is the employer also liable to pay compensation for illegal termination?

Thanks.

Kind Regards,
S. Gill

Reasons for Termination

Please provide in detail the reasons for the termination of your services by your employer. No management should terminate an employee's services solely for requesting casual leave.

Thanks and regards,
R K Nair

Please ensure that you are not a habitual absentee! Especially in MNCs, the company owners' hands will not be extended greatly since 99% of MNCs are running with ERPs. Hence, a termination requires the acceptance of three or more line managers/department heads and their approvals. First, speak to your HOD and get the full details of your termination. Unless you have violated the company policy, no termination will occur without compensation and salary settlement.

Regards,
M V MUTHU KRISHNAN

Dear All,

Thanks for your replies! The reason for termination is that I just asked for medical or casual leave and also deputed my junior in my absence to look after my work. Additionally, about 20 casual leaves are pending against me for the whole year. Initially, I received an email from the company director stating:

"Anyhow, you are free to discuss your problems with me at any time, 24x7. You should have informed me before leaving, at least over the phone. Please try to contact me on my cell phone and discuss your current problems. Meanwhile, I will request the Executive Director who will allow you to work on your laptop."

After a few days, I received another email from the office network:

"Since you have been absent from your duties as of ------ without any prior approval from the undersigned. Furthermore, to inform you that several phone calls were made by the undersigned, but you did not respond. You intentionally switched off your cellphone. Considering the above, it seems you are not interested in serving further with the company, and the management has lost confidence in you. Your services are hereby terminated with immediate effect. As a Manager, you are advised that there is a significant charge lying with you. It would be better if you hand over the charge of your department and submit your identity card and other official documents to the undersigned."

Lastly, I replied with the exact wording as follows:

"As per my last email, I applied for Medical Leave and also responded to your email in which you requested ---- to allow me to work through my Laptop and to discuss with you verbally over the phone. My cell phone has never been switched off since ------. If you have also lost faith in me, you can ask me to resign instead of terminating me in this manner. In my ---- years of experience, no employer has ever terminated me, and this termination is a total violation of the principle of natural justice. According to the company rules and conditions of the appointment letter, a terminated employee is liable to pay two months' salary to the company. So now, what I assume is that I am on Medical leave or Terminated. Thanks."

I hope the whole case is now clear to you. Please advise me!

Kind Regards,

Gill