Termination Without Notice: What Are Your Rights and Next Steps for Action?

Termination Without Notice: Employee Rights and Actions

What can be done if an employer has terminated an employee orally without giving notice, even though the employee approached the employer through WhatsApp and followed up with a letter asking for the termination letter and details on how their dues can be settled? Will the employee be eligible to receive remuneration from the date of the termination letter or from the date on which they were informed about the termination? Can the employee approach the labor commission with their grievances?

If an employer has terminated an employee instantly without a notice period, there are certain conditions to consider. On what basis was the employee terminated? Was the employee a confirmed employee or in a probation period?

In the case of a probation period, if the company doesn't approve of the employee's service, they can terminate at any time without prior notice, which could lead to the employee losing their job.

If the employee is confirmed and terminated due to any compliance issue or for not abiding by company policy, then they must be given a termination letter based on the condition. However, if the termination occurs outside these conditions, the employer should pay two months' salary in full and final settlement.

Regards

Challenging an Illegal Termination

If the termination is illegal, whether the employee is terminated through a verbal order, letter, or refusal of employment, and the said employee wants to challenge it, they can lodge a complaint before the labor commissioner.

Full and Final Settlement

However, if the employee accepts such termination (whether legal or not) and is only interested in a full and final settlement, then there is no initial requirement for going to the Labor Commissioner. A full and final settlement can consist of salary, bonus, incentives, gratuity, PF, etc., and all these components cannot be claimed before a single forum or authority.

Terms of appointment are the determining factors. If there is mention of employee or employer separation, they can be referred to in the correspondence with the employer at the first instance.

I work at the Embassy of the Republic of Congo in New Delhi. The Ambassador terminated my employment without any notice. I served for 4.5 months, during which 3 months were probationary. Can I challenge this decision in the labor court? They did not provide me with an appointment letter, and they pay my salary by check.