I was associated with an engineering institute for the last 2.5 years, and I performed well (I won a prize for 100% results, etc.). I received increments and promotions; after joining, I was teaching B.Tech classes, and due to my good performance, they promoted me to M.Tech coordinator. I was involved in various administrative tasks as well. Now, they are terminating me by giving one month's salary. When I asked for the reason, they said they do not have any specific reason. I am unsure why they are taking this action and what I can do about it.
I am not very familiar with the laws in this situation. Please assist me.
Regards,
Sumit
From India, Delhi
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I am not very familiar with the laws in this situation. Please assist me.
Regards,
Sumit
From India, Delhi
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Kindly refer to your appointment letter, in which the clause for the termination of employment by either side must have been mentioned. In the absence of an appointment letter, standing orders or model standing orders will be applied.
Regards,
Brijesh
From India, Bangalore
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Regards,
Brijesh
From India, Bangalore
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You are passing through a stressful situation; do not panic, as this is not the end of your career. I believe you played a supervisory role in your organization. Your employer may have terminated your service because your role is no longer required, your skills no longer match the profile, or for some other reason.
I would request you to refer to your employment contract for the notice period and ask them for gratuity, leave bonus, along with your notice pay during your Full and Final (F&F) settlement.
Important Steps During the Exit Process
Most importantly, discuss with them the reason for separation during the exit process. However, do not plead with them for your job; deal with them with dignity. This may help you understand and improve yourself.
"Love your job, not the company, because you don't know when the company will stop loving you." - Dr. APJ Abdul Kalam
Build confidence in yourself and start again; there is something better than this in your future.
Regards
From India, Bhubaneswar
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138I would request you to refer to your employment contract for the notice period and ask them for gratuity, leave bonus, along with your notice pay during your Full and Final (F&F) settlement.
Important Steps During the Exit Process
Most importantly, discuss with them the reason for separation during the exit process. However, do not plead with them for your job; deal with them with dignity. This may help you understand and improve yourself.
"Love your job, not the company, because you don't know when the company will stop loving you." - Dr. APJ Abdul Kalam
Build confidence in yourself and start again; there is something better than this in your future.
Regards
From India, Bhubaneswar
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Dear Sumit,
Apart from the clause mentioned in the appointment letter, are you the only person who has been terminated from the services, or are there others as well? Please do not plead for the reason; instead, you should speak with your immediate supervisor/manager to ask for the reason behind the termination. Terminations can occur for many reasons, so please try to find out by speaking with the concerned person. Until then, whatever comments or suggestions are given would be of no use.
From India, Bangalore
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Apart from the clause mentioned in the appointment letter, are you the only person who has been terminated from the services, or are there others as well? Please do not plead for the reason; instead, you should speak with your immediate supervisor/manager to ask for the reason behind the termination. Terminations can occur for many reasons, so please try to find out by speaking with the concerned person. Until then, whatever comments or suggestions are given would be of no use.
From India, Bangalore
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Dear Mr. Abedeen,
Thanks for your suggestion. I am not panicking and not worried about termination. As you mentioned in your post, they can terminate me due to performance, but I asked my boss and director why the college is terminating me, and they said they don't have any reason for this. They clearly stated that my performance is very good, but the college doesn't require my service. I don't know the HR rules, so can you please tell me what I can do now and what action I can take against my termination? I am not asking for a job or to revoke my termination; I want to know the reason and justification for my termination.
Regards,
Sumit Kumar
From India, Delhi
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Thanks for your suggestion. I am not panicking and not worried about termination. As you mentioned in your post, they can terminate me due to performance, but I asked my boss and director why the college is terminating me, and they said they don't have any reason for this. They clearly stated that my performance is very good, but the college doesn't require my service. I don't know the HR rules, so can you please tell me what I can do now and what action I can take against my termination? I am not asking for a job or to revoke my termination; I want to know the reason and justification for my termination.
Regards,
Sumit Kumar
From India, Delhi
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They have mentioned in my termination letter that they are terminating me in paragraph number 5. Paragraph number 5 states that services can be stopped by either side by giving one month's notice or salary. However, they have also mentioned that if a faculty member can't leave the college in the middle of the semester and wishes to do so, they have to pay the remaining semester's salary to the college. The college terminated me at the beginning (although classes had not started yet).
In this situation, what can I do? Please help me with this matter.
Regards,
Sumit
From India, Delhi
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In this situation, what can I do? Please help me with this matter.
Regards,
Sumit
From India, Delhi
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Though remote, yet a civil suit remedy seems to be available to you as you are a 'Teacher' and do not fall under the definition of 'workman.' For this purpose, you may consult a service matter expert lawyer.
Thanks,
V K Gupta
From India, Panipat
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Thanks,
V K Gupta
From India, Panipat
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Legal Options for Challenging Termination
I appreciate your persistence in understanding the HR rules regarding this issue. From your statements, it is presumed that you can challenge this issue through the court of law if it is worth fighting, taking into account your salary, retirement benefits, and your career development in that institution. If it is a golden egg, you can seek the help of an advocate. Otherwise, seek a better job.
The reason behind this is that no person can be stopped from service merely by giving one month's notice unless it is mentioned in the appointment order. That too can be done before the confirmation of your service. If your services have been confirmed with a written order and probation declared with a time scale of pay, it is a challengeable case under the conferment act. This act states that if a person has worked for 240 days within a continuous period of one year or 480 days within a continuous period of two years, they are eligible for permanent status, and their services are deemed to have been confirmed. So in that case, your termination should have been accompanied by a proper reason. It is presumed that to give the job to someone else, you have been subjected to immoral punishment. Therefore, you can file a suit either for reinstatement or for compensation in the appropriate forum.
All the best.
Regards,
Thillaichithambaram
Madurai
Tamil Nadu
From India, Madurai
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I appreciate your persistence in understanding the HR rules regarding this issue. From your statements, it is presumed that you can challenge this issue through the court of law if it is worth fighting, taking into account your salary, retirement benefits, and your career development in that institution. If it is a golden egg, you can seek the help of an advocate. Otherwise, seek a better job.
The reason behind this is that no person can be stopped from service merely by giving one month's notice unless it is mentioned in the appointment order. That too can be done before the confirmation of your service. If your services have been confirmed with a written order and probation declared with a time scale of pay, it is a challengeable case under the conferment act. This act states that if a person has worked for 240 days within a continuous period of one year or 480 days within a continuous period of two years, they are eligible for permanent status, and their services are deemed to have been confirmed. So in that case, your termination should have been accompanied by a proper reason. It is presumed that to give the job to someone else, you have been subjected to immoral punishment. Therefore, you can file a suit either for reinstatement or for compensation in the appropriate forum.
All the best.
Regards,
Thillaichithambaram
Madurai
Tamil Nadu
From India, Madurai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx