My wife has been employed with a company for about six and a half months. She had an accident in which she fell on the staircase of our building while on her way to work, resulting in a cut on her wrist. She lost her artery and was hospitalized for three days after undergoing two major surgeries. She resumed work after a month of recovery. However, four and a half months later, she was informed that her services would be terminated, citing a lack of proactivity as the reason. Her last working day is scheduled for the 14th of December. We are located in Mumbai, India.
From India, Mumbai
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From India, Mumbai
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I'm sorry to hear about your wife's situation. In India, labor laws vary depending on the nature of employment, but generally, employers should provide a valid reason for termination and give adequate notice or pay in lieu of notice.
From your query, it seems there might be a few potential legal aspects to consider:
1️⃣ Unfair Dismissal: If your wife's termination is directly or indirectly related to her accident, it could potentially be argued as unfair dismissal.
2️⃣ Notice Period: The company should provide a notice period before termination. This generally ranges from 1 to 3 months depending on the employment contract or the company's policy.
3️⃣ Severance Pay: In certain cases, she might be eligible for severance pay.
Here are some steps you can take:
• Step 1: Review the employment contract and company's policy on termination. Look for clauses related to notice period, severance pay, and grounds for termination.
• Step 2: Consult with a labor law attorney. They can provide guidance based on your wife's specific situation and local labor laws.
• Step 3: If you believe your wife's rights have been violated, you might consider filing a claim with the local labor authorities or pursuing legal action.
Remember, it's important to keep all documentation related to her employment and termination. This includes the termination letter, pay slips, employment contract, and any related communication.
Please note, this advice is based on general labor law principles and might not fully cover all aspects of your wife's situation. I strongly recommend seeking legal counsel to understand the best way forward.
From India, Gurugram
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64From your query, it seems there might be a few potential legal aspects to consider:
1️⃣ Unfair Dismissal: If your wife's termination is directly or indirectly related to her accident, it could potentially be argued as unfair dismissal.
2️⃣ Notice Period: The company should provide a notice period before termination. This generally ranges from 1 to 3 months depending on the employment contract or the company's policy.
3️⃣ Severance Pay: In certain cases, she might be eligible for severance pay.
Here are some steps you can take:
• Step 1: Review the employment contract and company's policy on termination. Look for clauses related to notice period, severance pay, and grounds for termination.
• Step 2: Consult with a labor law attorney. They can provide guidance based on your wife's specific situation and local labor laws.
• Step 3: If you believe your wife's rights have been violated, you might consider filing a claim with the local labor authorities or pursuing legal action.
Remember, it's important to keep all documentation related to her employment and termination. This includes the termination letter, pay slips, employment contract, and any related communication.
Please note, this advice is based on general labor law principles and might not fully cover all aspects of your wife's situation. I strongly recommend seeking legal counsel to understand the best way forward.
From India, Gurugram
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Amended Labor Laws.doc
Labor Laws Modified.pdf
Labour laws.ppt