Terminated Without Notice: How Should I Handle This Sudden Job Loss?

Termination Without Notice: Seeking Assistance

I'm working in a Pvt Ltd Medical Billing Company located in Nungambakkam, and my current designation is System Administrator. I joined this company on 30-Jan-2013 and received a Confirmation Letter on 05-Aug-2013. On 01-Oct-2013, my CEO called me and informed me that starting from tomorrow (02-Oct-2013), we planned to outsource IT-related works, and the company has terminated me without any notification.

I have worked for this company since its inception and have been a regular performer. I received a market revision hike on 06-Sep-2013. I worked very hard for this company. My daily working hours were 10 hours, and I completed all tasks without fail. If another colleague was on leave, I extended my shift without any extra pay. There was no PF. Every day, they created new rules without any prior notice, and they are not discussing the settlement.

As mentioned in the offer letter: "At the time of leaving the company, you should serve a two-month notice period."

I am now completely disappointed with this company.

Please help.

Thanks,

Veera

Termination Policy and Retrenchment Benefits

If your appointment letter has a one-ended termination policy, it is not valid. Ideally, the notice period must be given from both ends, and it should also match.

Secondly, as per the ID Act, if employees are being terminated due to reasons such as bringing in new technology, outsourcing the process, surplus manpower, or any other similar reasons where the employee(s) are not at fault, then they are not only bound to give proper notice for termination but also pay retrenchment benefits as applicable on a case-to-case basis.

Also, note that if it is retrenchment (since they mentioned they're outsourcing the whole IT process), they should ideally be terminating everyone who worked in IT or the project that they have decided to outsource. If they are sending out termination only to you while other IT people are still on the job, that is not justified.

Steps to Address the Situation

What you can do is approach the labor officer and narrate the story. However, for this, you would need:

1. Your appointment letter that clearly mentions the said clause.
2. A copy of the mail/communication stating that you are being retrenched due to the project being outsourced.
3. Your confirmation letter and any appreciation/appraisal letters, if available.
4. Salary slips/proofs of salary payment/proofs that you had been working with the company for so long.

Seniors may further help you and guide you better.

This company is cheating people and making decisions arbitrarily, dismissing employees without any prior information. Now, I don't have a job, a proper termination letter, or any documentation; they simply asked me to leave.

Clarifying Your Query

So, what exactly is your query? Do you want your job back? (That might not be possible.) Or do you only want your notice pay? (There will be no retrenchment compensation as you have worked less than a full year.) Or do you just want a clean exit letter?

As such, a letter stating termination on account of outsourcing the service is adequate. No sane HR of an IT company will consider that as a negative.

By the way, you know the company cheats people, and you still stayed on instead of looking for another job?

Well, the notice period is applicable for both parties, and in case the notice period is not served, one can compensate by paying the salary amount for the notice period that was not served. So, did your employer pay you for the two months?

Dear Veera, I can help you, but my guidance process is somewhat lengthy. Please follow the first process:

1. Find a new job.
2. Write an application regarding the matter to the labor office, meet with the labor officer, and follow all the steps according to the officer's instructions.

Once you have completed the above actions, I will provide you with the next steps.

Thank you,

Manjeet