Hi all,
I'm glad to have found this platform where I can share my experience and seek solutions from everyone. I am from Moradabad and had joined a reputed institute as a Computer Science Lecturer.
I was appointed as a lecturer on 15/10/08. I was performing my duties well, but on 04/09/08, I received a letter of termination stating that my services were no longer required and were terminated with immediate effect. However, according to my appointment letter, the conditions of termination are as follows: "Your appointment is liable to termination on three months' notice from either side or pay and allowances in lieu thereof."
The management has completely violated the appointment letter. Can you please advise me on whether their actions were justified, or if there is anything I can do about it?
I am eagerly awaiting your responses.
Paramjeet
From India, Moradabad
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I'm glad to have found this platform where I can share my experience and seek solutions from everyone. I am from Moradabad and had joined a reputed institute as a Computer Science Lecturer.
I was appointed as a lecturer on 15/10/08. I was performing my duties well, but on 04/09/08, I received a letter of termination stating that my services were no longer required and were terminated with immediate effect. However, according to my appointment letter, the conditions of termination are as follows: "Your appointment is liable to termination on three months' notice from either side or pay and allowances in lieu thereof."
The management has completely violated the appointment letter. Can you please advise me on whether their actions were justified, or if there is anything I can do about it?
I am eagerly awaiting your responses.
Paramjeet
From India, Moradabad
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If the appointment order clearly states that your services could be terminated only after giving three months' notice or payment in lieu of such notice, then the act of the management terminating you with immediate effect cannot be justified. You can write to the management apprising them of the provision in the appointment order, with a copy to the concerned officer in the Collegiate Education Department of your area and the Registrar of the University to which your college is affiliated. Their intervention is important because when a Faculty Member is terminated from service with immediate effect, there will be a session backlog and the students will suffer. At the same time, if proper notice is given, the management will have sufficient time to find a suitable replacement, and the employee will have time to find alternative employment elsewhere.
I feel that a member of the University/College will not come under the purview of the Industrial Disputes Act, 1947.
Regards, Madhu.T.K
From India, Kannur
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4612I feel that a member of the University/College will not come under the purview of the Industrial Disputes Act, 1947.
Regards, Madhu.T.K
From India, Kannur
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Hi, terminating an employee without any service rule or statutory clause in the appointment letter is legally valid. In this case, can I demand reinstatement and payment of full salary for the period? Please help me.
Nabolbona
From India, Calcutta
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Nabolbona
From India, Calcutta
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Understanding Employment Contracts and Termination Clauses
Employment is a contract whereby one person, called the employee, agrees to the terms of an offer placed by another person, called the employer. In this contract, there may be many implied terms, including references to service rules or relevant Acts made by the government. The clause relating to the termination of employment is also one such term of the contract of employment. In the absence of any such term in the contract of employment or appointment letter, it will be implied that the termination or discharge of the employee will take place following the applicable laws and principles of natural justice.
It does not mean that an employer should retain an employee who is not keeping the promises made at the time of joining. If the employer finds that the employee is not fit for the assigned work, the employer can terminate their service by giving notice or payment in lieu of such notice. The notice to be served depends on the category of the employer, determined by the number of employees working in the establishment. However, if the employee holds a supervisory or managerial position, they will not be protected by these rules. Therefore, whether one can claim reinstatement or demand wages will depend on two factors: whether they fall under the workman category and whether they were given advance notice by the employer of the intention to terminate their service.
Regards,
Madhu.T.K
From India, Kannur
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Employment is a contract whereby one person, called the employee, agrees to the terms of an offer placed by another person, called the employer. In this contract, there may be many implied terms, including references to service rules or relevant Acts made by the government. The clause relating to the termination of employment is also one such term of the contract of employment. In the absence of any such term in the contract of employment or appointment letter, it will be implied that the termination or discharge of the employee will take place following the applicable laws and principles of natural justice.
It does not mean that an employer should retain an employee who is not keeping the promises made at the time of joining. If the employer finds that the employee is not fit for the assigned work, the employer can terminate their service by giving notice or payment in lieu of such notice. The notice to be served depends on the category of the employer, determined by the number of employees working in the establishment. However, if the employee holds a supervisory or managerial position, they will not be protected by these rules. Therefore, whether one can claim reinstatement or demand wages will depend on two factors: whether they fall under the workman category and whether they were given advance notice by the employer of the intention to terminate their service.
Regards,
Madhu.T.K
From India, Kannur
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There is a fundamental factual mistake in this communication which I quote below:
"I was appointed as a lecturer on 15/10/08. I was performing my duties well on 04/09/08 when I received a letter of termination of service stating that my services were no longer required and hereby terminated with immediate effect."
I request all my good friends in this group to provide factual information correctly. Failing to do so, it will not be possible to find a legal remedy to your question.
In this case, I notice that the termination date is prior to the appointment date. One should not keep anything secret when consulting a doctor or a lawyer. It is an old saying.
Kindly clarify the dates so that we can receive a proper response from learned and experienced individuals.
With regards and love,
Dr. KSN Sarma
From India, Hyderabad
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"I was appointed as a lecturer on 15/10/08. I was performing my duties well on 04/09/08 when I received a letter of termination of service stating that my services were no longer required and hereby terminated with immediate effect."
I request all my good friends in this group to provide factual information correctly. Failing to do so, it will not be possible to find a legal remedy to your question.
In this case, I notice that the termination date is prior to the appointment date. One should not keep anything secret when consulting a doctor or a lawyer. It is an old saying.
Kindly clarify the dates so that we can receive a proper response from learned and experienced individuals.
With regards and love,
Dr. KSN Sarma
From India, Hyderabad
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Hi all,
Message from Mr. T K Madhu is good. Yes, I am under the workman category, but I feel there must be some rules and regulations in a company. Without any rules or anything written in the appointment letter, how can an employee get some indication?
Nabolbona
From India, Calcutta
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Message from Mr. T K Madhu is good. Yes, I am under the workman category, but I feel there must be some rules and regulations in a company. Without any rules or anything written in the appointment letter, how can an employee get some indication?
Nabolbona
From India, Calcutta
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If you were under the workman category, you can challenge your termination before the Labour Court. Before that, you may present the matter before the District Labour Officer and let him call the employer for conciliation.
Clerical Error in Termination Letter
In your case, there is a possibility of a clerical error in the letter which may be granted in favor of the department. Anyway, you may approach the Education Department since your case may not be heard in any Labour Court or similar machinery under the Industrial Disputes Act.
Regards,
Madhu.T.K
From India, Kannur
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Clerical Error in Termination Letter
In your case, there is a possibility of a clerical error in the letter which may be granted in favor of the department. Anyway, you may approach the Education Department since your case may not be heard in any Labour Court or similar machinery under the Industrial Disputes Act.
Regards,
Madhu.T.K
From India, Kannur
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Dear Madhu, I responded to the query of Mr. Paramjeet Wasson (Ref. Posts: 1 above). I do not have any case of mine as such. I really wanted to suggest, within my considered opinion, what the law governing termination of employment while on probation is.
Unless the dates are correctly quoted, it is difficult to determine, in the first instance, the length of service completed in probation itself. Depending upon the period spent on probation, we can arrive at the conclusion whether the Management is under an obligation to serve a notice on him to improve performance and give enough time to do so before resorting to terminating his services.
I hope I have made the point clear.
With regards and thanks,
Sincerely,
Dr. KSN Sarma
From India, Hyderabad
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Unless the dates are correctly quoted, it is difficult to determine, in the first instance, the length of service completed in probation itself. Depending upon the period spent on probation, we can arrive at the conclusion whether the Management is under an obligation to serve a notice on him to improve performance and give enough time to do so before resorting to terminating his services.
I hope I have made the point clear.
With regards and thanks,
Sincerely,
Dr. KSN Sarma
From India, Hyderabad
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If the date of appointment, as 15.10.08, and the date of receipt of the termination letter as 04.09.08 are correct, legally, the termination letter becomes ineffective and invalid, as termination cannot be made effective from a date prior to the date of joining. It is not a simple clerical mistake. To render the termination null and void, you may please seek assistance from a legal practitioner and have it revoked through a court of law.
However, the question arises: how could you receive the termination letter before the date of appointment (more than one month prior), when you were not on the organization's payroll?
There is a fundamental factual mistake in this communication, which I quote below:
"I was appointed as a lecturer on 15/10/08. I was performing my duties well when on 04/09/08, I received a letter of termination of service stating that my services were no longer required and hereby terminated with immediate effect."
I urge all my good friends in this group to provide accurate factual information; without it, finding a legal remedy to your question may not be possible. In this instance, the termination occurred before the appointment date. One should not withhold any information when seeking advice from a doctor or a lawyer. It is an old-age saying.
Kindly clarify the dates to receive a proper response from learned and experienced individuals.
With regards and love,
Dr. KSN Sarma
From India, Delhi
Acknowledge(0)Amend(0)
However, the question arises: how could you receive the termination letter before the date of appointment (more than one month prior), when you were not on the organization's payroll?
There is a fundamental factual mistake in this communication, which I quote below:
"I was appointed as a lecturer on 15/10/08. I was performing my duties well when on 04/09/08, I received a letter of termination of service stating that my services were no longer required and hereby terminated with immediate effect."
I urge all my good friends in this group to provide accurate factual information; without it, finding a legal remedy to your question may not be possible. In this instance, the termination occurred before the appointment date. One should not withhold any information when seeking advice from a doctor or a lawyer. It is an old-age saying.
Kindly clarify the dates to receive a proper response from learned and experienced individuals.
With regards and love,
Dr. KSN Sarma
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx