Feeling Cheated by Sudden Termination: How Can I Stand Up Against Unfair Employer Practices?

I recently felt cheated and exploited by my employer, a Private Limited company falling under the Factory Acts, when one day I was abruptly told not to come to the office starting the next day. The reason cited was unproductiveness, which I believe is false, as he had promised me a salary increase to 10k and failed to do so when questioned.

Issues Faced:

1. The appointment letter did not mention any details regarding a probation period.
2. There was no prior notice given before termination.
3. I was exploited by being made to work on projects for future months that could easily be utilized in my absence.
4. There were no deductions made for PF and TDS from my salary.
5. The employer did not provide Form 16.

I have worked for almost 6 months in this company. I am a professional graduate from a highly esteemed college in India with over 3 years of experience. I never imagined such a situation would happen to me, and it seems to be a recurring pattern among these employers with their treatment of previous employees.

Please advise me on what steps I should take. I would greatly appreciate your guidance. Additionally, I am determined to teach such employers a lesson for their mistreatment of employees.

I have emailed the concerned person, asking him to address all the issues. Otherwise, I can seek help from the labor authority and IT department. However, I have not received any reply from them. They are ignoring my emails.

Thank you.

It happens in a few organizations. Does the company owe anything at the time of termination? If needed, you can proceed legally, but it is not advisable. You should treat the issue very carefully. Wait for the opportunity to teach a lesson.

I advise you to read the appointment letter terms and conditions carefully. If you cannot understand the terms, you can seek legal advice from an advocate to proceed legally. Generally, an appointment letter must be drafted with termination terms and conditions. The next step would be to issue a legal notice through an advocate to your employer regarding your alleged illegal termination. After receiving a reply letter from your employer, you can then consider the next steps.

Thanks,
Chandra Mohan Rao
Bangalore

I am very sorry to hear this, and yes, such an arbitrary employer should be taught a lesson. I will be able to give my opinion after seeing your appointment letter. The notice period depends upon the terms mentioned in the contract of employment, i.e., the Appointment Letter. If you have a copy of it, you may email me, and I will gladly advise you on how you can teach a lesson to such an employer, if possible.

Regards

As you are saying that the offer letter is not referring to any terms of termination, the employer cannot terminate without providing the proper notice. Terminations without proper notice are not acceptable, and no employee should be terminated without being given the minimum corrective time. On the other hand, the offer letter, which was supposed to reference all the employment terms, is failing in its purpose. Therefore, you can definitely take this matter forward to the labor court.

Please let me know if you need further assistance.

Regards.

Immediate Termination and Legal Action

The employer must pay one month's salary for immediate termination. If they have not paid one month's salary, you may take legal action against the employer.

Were you on probation? If nothing is mentioned in your appointment letter, then you are a confirmed employee right from day one. What is the clause of the notice period? You can approach the labor officer of your area. But before that, send a letter to your employer and ask him to reinstate you on the counts mentioned above. I had given a reply to a similar query earlier. Click the following link to read my reply: https://www.citehr.com/319608-compan...ml#post1486602 Your case is a little different. However, the process to redress your grievance will remain the same.

Thanks,
Dinesh V Divekar

Don't worry. All you need to do is go to your labor inspector. He will contact your company. Nowadays, the labor department is very active.