I was working on a 6-month probation as a sales manager in an insurance company, and I was suddenly terminated in the 5th month of my service by HR through the branch manager's recommendation. Getting 'terminated' is an insult to me. I did not receive any formal/written minimum notice period before termination. From the 2nd month onwards, my branch manager was asking me to leave and demotivated me always. The demotivation did not let me work up to the mark, and my performance was low. He also used bad words about me while speaking to others and screamed at me in the office at the top of his voice.
In my previous company, I was a performer and received 2 promotions for my performance. Here, I am terminated due to lower performance. My branch manager had forced me to give a resignation letter against the threat that otherwise I would get terminated. But I denied to give resignation and said that I want to work, perform, and be given a chance until at least my probation period.
Still, I was terminated within the next 5 days. The termination is under clause 14 in my appointment letter, mentioning that either party can terminate the service with a notice period or without notice pay in lieu of basic salary. However, clause 13 also mentions four situations under which the company need not give a notice period. Those situations include non-attendance, dishonesty, breach of contract, etc. I don't fit into any of the above four situations. The branch manager has blamed a non-compliance issue on me which is not proven.
In this case, can I legally demand a notice period before terminating my services suddenly so that I could have a chance to perform and save my job? Can I take any action against the branch manager who always demotivated me and ruined my career due to termination? I have also emailed the higher authorities of the company about this entire issue. Till now, I have only had 1 meeting with the HR Head to discuss the matter, but the management has not yet reverted with any solution.
I think injustice has happened to me. I can't take the insult of termination. I want to work, perform, and prove my performance. Kindly guide me on what I should do?
From India, Mumbai
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In my previous company, I was a performer and received 2 promotions for my performance. Here, I am terminated due to lower performance. My branch manager had forced me to give a resignation letter against the threat that otherwise I would get terminated. But I denied to give resignation and said that I want to work, perform, and be given a chance until at least my probation period.
Still, I was terminated within the next 5 days. The termination is under clause 14 in my appointment letter, mentioning that either party can terminate the service with a notice period or without notice pay in lieu of basic salary. However, clause 13 also mentions four situations under which the company need not give a notice period. Those situations include non-attendance, dishonesty, breach of contract, etc. I don't fit into any of the above four situations. The branch manager has blamed a non-compliance issue on me which is not proven.
In this case, can I legally demand a notice period before terminating my services suddenly so that I could have a chance to perform and save my job? Can I take any action against the branch manager who always demotivated me and ruined my career due to termination? I have also emailed the higher authorities of the company about this entire issue. Till now, I have only had 1 meeting with the HR Head to discuss the matter, but the management has not yet reverted with any solution.
I think injustice has happened to me. I can't take the insult of termination. I want to work, perform, and prove my performance. Kindly guide me on what I should do?
From India, Mumbai
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I was working as an HR Executive. The company did not provide any appointment letter at the time of my joining. When I asked about my appointment letter, my senior official said that it would be given to me through our H.O in Delhi. After 5 months, I was suddenly terminated without any notice or reason. The only proof of my employment is my salary A/C statement. Please guide me on what I can do. Can I take any action against the company that ruined my career due to termination? Please advise me on what steps I should take.
From India, Delhi
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From India, Delhi
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf