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Anonymous
Hello all,
Recently I tendered my resignation and verbally it was confirmed for notice period of 30 days. However, 4 days later of my notice period, I was surprised to receive a disciplinary action meeting, followed by immediate termination without prior warning or formal process. This termination was based on alleged violation of cab alignment hours in the office. I was told that I took cab 1 hour early before the shift ends in the past 2 months without keeping the manager informed.
My point is 1. no such communication ever took place that employee has to strictly be in office for 9 hours and upon asking if my work performance has been an issue. I was told no, nothing about work.
2. Company operates in Hybrid model and so many people leave as per their own convenience. In my case, even the manager majorly is on work from home and when in office he comes and leave at per his own convenience.
3. If at all, it was a misconduct why it was not brought to me before and if I did, I mentioned the same to adhere to the complete shift timings when in office. Despite this, they terminated me.

Please advise what should I do in this case? Am I eligible to go to the Labour Court?

From India, Delhi
Madhu.T.K
4208

Whether you can take it to dispute redressal machinery or not depends on your role in the organisation. If you were working in a managerial capacity with managerial powers and functions of leave approval and performance appraisal of your subordinates, initiating disciplinary action against employees etc, then you cannot get the protection of Industrial Disputes Act. On the other hand, if you were working purely as a member of technical team with no subordinate to report to you then you can approach the Labour Officer who is the appropriate authority to address such issues in the first instance. Once you give a compliant, he will ask the company officials to give explanation for illegal termination, terminating an employee without following the basic principles of offering the employee an opportunity to be heard. If he finds that there is merit in the charges against you, then the Labour Officer will ask the employer to conduct an enquiry based on the charges and then take a call.
From India, Kannur
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