I am Amit, appointed as a Senior Sales Officer in a multinational tire company in Varanasi. I joined my service in September 2014, and my probation period was 6 months as per my appointment letter. Now, I have completed 9 months in this company and received an award for the best performance, but I have not yet received a confirmation letter. During this time, I identified some issues in my area office that were caused by the area manager. I reported these issues to the head office, but the area manager targeted me. With the assistance of the sales manager, he engaged in dirty politics to obtain my termination letter from the head office. Eventually, the company terminated my employment without any prior notice.
I seek your guidance on the legal options available to me for seeking compensation. Thank you.
Regards,
Amit
From India, Kolkata
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I seek your guidance on the legal options available to me for seeking compensation. Thank you.
Regards,
Amit
From India, Kolkata
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You have stated that you were working in Varanasi in a company for the last 9 months but have been given a termination letter without any notice. You are governed by the U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, and under Section 19 of it, no employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that:
(i) the post held by him has been retrenched; or
(ii) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health,
and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment.
Since these statutory conditions of grounds of discharge and one month's notice have not been complied with, the termination is illegal. You may approach the authorities under the said Act for appropriate relief.
Thanks
Regards,
Sushil
From India, New Delhi
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225(i) the post held by him has been retrenched; or
(ii) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health,
and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment.
Since these statutory conditions of grounds of discharge and one month's notice have not been complied with, the termination is illegal. You may approach the authorities under the said Act for appropriate relief.
Thanks
Regards,
Sushil
From India, New Delhi
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I second Mr. Sushil, since there was no formal communication with regards to extension of probation it is deemed to be confirmed. You are liable for Notice Period/Pay
From India, Ahmadabad
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From India, Ahmadabad
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Notice is a sine qua non under the relevant State Shops and Establishment Act.
You have grounds for taking up the matter legally, especially considering that the termination was a biased decision. It seems that you have discovered fraudulent activity or a default in some area during an official visit.
From India, Pune
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You have grounds for taking up the matter legally, especially considering that the termination was a biased decision. It seems that you have discovered fraudulent activity or a default in some area during an official visit.
From India, Pune
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Notice of Employee Change.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf