I have a serious concern that my employer terminated me just after I joined back from my ESI sick leave. I was on leave for one month; I joined on April 1st, and they terminated me on the 4th, saying, in a very arrogant and abusive manner, that I was not productive last month. Can I sue them? Do we have any ESI legal acts for such situations?
Thank you.
From India, Addanki
Acknowledge(0)
Amend(0)
Thank you.
From India, Addanki
Acknowledge(0)Amend(0)
Termination procedures
Termination has to be done following due procedures.
Employee productivity review
The system of reviewing the productivity of each employee should be public knowledge for employees being assessed. This includes targets, quality, the number of products rejected by QC, etc. Employers should not suddenly, out of the blue, state poor productivity and then terminate employees.
Principles of natural justice
From the bare details given by you, apparently, the termination is not in accordance with the principles of natural justice. It is advisable to take up the matter with higher management in a factual manner in writing, preferably by Speed Post for acknowledgment purposes. Additionally, seeking advice from a lawyer who specializes in HR matters is recommended.
From India, Pune
Acknowledge(1)Amend(0)
3180Termination has to be done following due procedures.
Employee productivity review
The system of reviewing the productivity of each employee should be public knowledge for employees being assessed. This includes targets, quality, the number of products rejected by QC, etc. Employers should not suddenly, out of the blue, state poor productivity and then terminate employees.
Principles of natural justice
From the bare details given by you, apparently, the termination is not in accordance with the principles of natural justice. It is advisable to take up the matter with higher management in a factual manner in writing, preferably by Speed Post for acknowledgment purposes. Additionally, seeking advice from a lawyer who specializes in HR matters is recommended.
From India, Pune
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employment termination justified in case of long leave.pdf