Understanding Termination Without Notice: Legal Challenges and Employee Rights

Dear Sir,

I work with a 3rd party payroll. My company terminated me without any notice and notice period. I received the termination letter in the back date and got the letter after 12 days. During this gap, I did not receive any intimation or letter. After discussing with everyone, they are not supportive and are not giving me the 30 days' notice period. In my offer letter, it clearly mentions that either party should give a 30 days' notice. I also have not received all my pending incentives to date.

After discussing with both party HRs and the Director, they are saying they need some time and are not providing a proper response. Please guide me on what I should do.

Thank you.

Termination in backdating is illegal. Furthermore, termination without notice pay in lieu of the notice period is illegal. File a complaint with the inspector under the Shops and Establishment Act against the termination and for the recovery of dues and damages.

Thanks,
Sushil

Dear Sir,

It is possible they terminate without notice and intimation in case of misconduct or providing incorrect information. In such a situation, what should I do? The letter mentions an activity I did not engage in. The subject of the letter is "Non-Performer."

Thank you.

Since the termination is based on allegations of misconduct which you refute, you can challenge it before authorities under the Shops and Establishment Act. If you are covered as a workman under the ID Act, challenge it before the labor court after raising an industrial dispute.

Thanks,
Sushil

I discussed with HR, and they informed me that I am terminated due to performance issues. This information is also recorded in my cellphone. They mentioned that my manager had already discussed your performance with you; however, I did not receive any written communication regarding my performance. I was employed with a Pvt Ltd company in an off-roll capacity.

Now, I need guidance on what steps to take next. Should I consider approaching the labor court for this matter?

One thing, my upper-side reporting manager, the State Head, also gave resignation, and his reporting Director also resigned. Both were relieved from their duties in the company.

It is not clear in which state you worked, for how long, and in what position. Termination with a backdate is illegal, and it can be challenged before the appropriate forum.

Thanks,
Sushil