I would like to inquire whether giving a termination letter without any notice period is legal or not. The company pressured me to submit my resignation without any prior warning, and when I did not comply, they issued a termination letter citing false reasons such as high-handed behavior and attitude problems. These allegations were never discussed with me prior to receiving the termination letter.
This situation represents a grave injustice towards an employee who has dedicated 2.5 years to the company. I am seeking advice on how to proceed and fight for justice in this matter. Could you please offer your suggestions?
Thank you.
Regards.
From India, Mumbai
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This situation represents a grave injustice towards an employee who has dedicated 2.5 years to the company. I am seeking advice on how to proceed and fight for justice in this matter. Could you please offer your suggestions?
Thank you.
Regards.
From India, Mumbai
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Termination Without Prior Notice: Legal Considerations
Termination letters given to an employee without prior notice could be legal if the organization is paying wages for the notice period as defined in the contract letter, their standing order, or model standing order. If no wages are paid, send a letter through registered mail, email a copy from your personal email address, or take a copy with the receipt of the manager in charge or organization, stating the reason for termination. They will need to prove otherwise; if they fail to do so, the organization is liable to pay the notice period wages, including gratuity amount or other benefits, and penalties can be imposed if you take this matter to the labor court.
Please contact our Delhi office at Mr. Mohammad Sajid Ansari ([Phone Number Removed For Privacy Reasons]) for any queries related to this matter, and he will assist with all financial expenses and aspects.
Best Regards,
Nazneen Jabeen
Global Overseas
Mumbai
From India, Delhi
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47Termination letters given to an employee without prior notice could be legal if the organization is paying wages for the notice period as defined in the contract letter, their standing order, or model standing order. If no wages are paid, send a letter through registered mail, email a copy from your personal email address, or take a copy with the receipt of the manager in charge or organization, stating the reason for termination. They will need to prove otherwise; if they fail to do so, the organization is liable to pay the notice period wages, including gratuity amount or other benefits, and penalties can be imposed if you take this matter to the labor court.
Please contact our Delhi office at Mr. Mohammad Sajid Ansari ([Phone Number Removed For Privacy Reasons]) for any queries related to this matter, and he will assist with all financial expenses and aspects.
Best Regards,
Nazneen Jabeen
Global Overseas
Mumbai
From India, Delhi
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I was working in a reputed car rental company on Park Street in Kolkata since August 2007. On August 6, 2012, all of a sudden, the partners terminated me without any notice period. I was forced to sign the resignation letter in order to receive my last month's salary and the Puja bonus. This is their common attitude towards all employees, and many others have faced the same situation. Additionally, it has been found that there is a discrepancy of Rs. 914.00 in my PF account, which was deducted from my salary but not yet deposited into my PF account. They are now refusing to provide a salary certificate or the FORM 16.
Legal Action Against Abrupt Termination
Is there any legal action that can be taken to stop this abrupt termination and claim compensation for it?
Steps to Address PF Account Discrepancy
What steps should be taken in regards to the discrepancy in claiming the PF account?
Thank you,
Regards,
Sudipta
From India, Calcutta
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Legal Action Against Abrupt Termination
Is there any legal action that can be taken to stop this abrupt termination and claim compensation for it?
Steps to Address PF Account Discrepancy
What steps should be taken in regards to the discrepancy in claiming the PF account?
Thank you,
Regards,
Sudipta
From India, Calcutta
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Understanding Termination Clauses in Employment Agreements
You need to go through the employment agreement on termination clauses.
Validity of Termination
Termination is valid when compensation is paid or when paying full salary, including the notice period. However, it becomes invalid if the reason for termination arises due to someone's behavioral problem, as it puts that person's career and profession at stake. Therefore, any management decision to terminate without hearing the other party hinders the natural justice of the employee and has a negative impact on other co-workers.
Demanding Justification
Make sure to demand justification for the statements made and question why the company remained silent for over two years if behavior was the main reason for termination. While you cannot demand your job back at the same company, you can request justification, compensation, and a clean record. You may also request evidence supporting vague statements regarding the impact on someone's professional life.
Meeting and Discussion
If the company has not issued a final termination or dismissal letter, they should conduct a meeting promptly to discuss the matter in person.
Claiming Support
If the company fails to prove a genuine case of misbehavior, you can not only claim full salary but also seek full support until you secure a new job or request their assistance in finding new employment.
Wish you good luck.
From India, Bangalore
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You need to go through the employment agreement on termination clauses.
Validity of Termination
Termination is valid when compensation is paid or when paying full salary, including the notice period. However, it becomes invalid if the reason for termination arises due to someone's behavioral problem, as it puts that person's career and profession at stake. Therefore, any management decision to terminate without hearing the other party hinders the natural justice of the employee and has a negative impact on other co-workers.
Demanding Justification
Make sure to demand justification for the statements made and question why the company remained silent for over two years if behavior was the main reason for termination. While you cannot demand your job back at the same company, you can request justification, compensation, and a clean record. You may also request evidence supporting vague statements regarding the impact on someone's professional life.
Meeting and Discussion
If the company has not issued a final termination or dismissal letter, they should conduct a meeting promptly to discuss the matter in person.
Claiming Support
If the company fails to prove a genuine case of misbehavior, you can not only claim full salary but also seek full support until you secure a new job or request their assistance in finding new employment.
Wish you good luck.
From India, Bangalore
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Without any prior notice, the company pressured me to submit my resignation, and when I did not comply, they issued a termination letter with false reasons like high-handed behavior and attitude problems. These issues were not discussed before the termination letter was given.
This is a total injustice done to an employee who was working there for the last 3.2 years. The client was not willing to fight for justice. Could you please suggest how much time it typically takes for a full and final settlement in such cases?
My termination date is 08-05-2013.
Thanks,
Rahul
From India, Delhi
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This is a total injustice done to an employee who was working there for the last 3.2 years. The client was not willing to fight for justice. Could you please suggest how much time it typically takes for a full and final settlement in such cases?
My termination date is 08-05-2013.
Thanks,
Rahul
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Termination letter.doc