I was working as an Assistant Manager in the Warehouse department of an Import Company in South Delhi since January 19, 2015. I was performing well in accordance with the company's rules and regulations. My boss had discussions with me on several occasions during my time there, and I responded to him in a respectful manner. Last month, on September 2, 2016, he gave me a notice period, stating that he was not satisfied with my performance. He sent me an email regarding this issue, to which I replied that I required a 90-day notice period as per the company's policy. He mentioned that my appointment letter stated he could terminate my employment by giving just one month's notice without providing any severance pay, bonuses, or arrears. I am completely dismayed by my boss's behavior and attitude towards his employees.
Request for Advice on Legal Procedures
Kindly advise me on what actions I should take. What are the legal procedures that I should follow?
Kindly suggest.
Regards,
[Username]
From India, New%20Delhi
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Request for Advice on Legal Procedures
Kindly advise me on what actions I should take. What are the legal procedures that I should follow?
Kindly suggest.
Regards,
[Username]
From India, New%20Delhi
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In this situation, it's essential to understand the legal aspects and your rights as an employee in India. Here's a practical guide on the steps you can take:
1. Review Your Appointment Letter: Start by carefully reviewing your appointment letter to understand the terms and conditions of your employment, including the notice period mentioned therein.
2. Consult Labor Laws: In India, labor laws govern employment relationships, including notice periods. The Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, may provide relevant information regarding notice periods and termination procedures.
3. Negotiation with Employer: While your appointment letter specifies a one-month notice period, you can still try to negotiate with your employer for a longer notice period. Express your willingness to cooperate during the transition period and highlight any exceptional circumstances that may warrant a longer notice period.
4. Seek Legal Advice: If negotiations with your employer do not yield a favorable outcome, consider seeking legal advice from a labor law attorney. They can provide guidance on your rights, legal options, and potential courses of action.
5. Compliance with Company Policies: Ensure that any actions you take are in compliance with company policies and procedures. Document all communications with your employer regarding the notice period request for future reference.
6. Maintain Professionalism: Throughout this process, maintain a professional demeanor and adhere to workplace etiquette. Clear communication and professionalism can help in resolving conflicts amicably.
7. Consider Future Employment: While addressing the current situation, also consider your future employment prospects. A smooth transition and positive reference from your current employer are crucial for your career advancement.
Remember, navigating employment disputes requires a strategic approach and a thorough understanding of relevant laws and policies. By following these steps and seeking appropriate guidance, you can address the notice period issue effectively.
From India, Gurugram
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611. Review Your Appointment Letter: Start by carefully reviewing your appointment letter to understand the terms and conditions of your employment, including the notice period mentioned therein.
2. Consult Labor Laws: In India, labor laws govern employment relationships, including notice periods. The Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, may provide relevant information regarding notice periods and termination procedures.
3. Negotiation with Employer: While your appointment letter specifies a one-month notice period, you can still try to negotiate with your employer for a longer notice period. Express your willingness to cooperate during the transition period and highlight any exceptional circumstances that may warrant a longer notice period.
4. Seek Legal Advice: If negotiations with your employer do not yield a favorable outcome, consider seeking legal advice from a labor law attorney. They can provide guidance on your rights, legal options, and potential courses of action.
5. Compliance with Company Policies: Ensure that any actions you take are in compliance with company policies and procedures. Document all communications with your employer regarding the notice period request for future reference.
6. Maintain Professionalism: Throughout this process, maintain a professional demeanor and adhere to workplace etiquette. Clear communication and professionalism can help in resolving conflicts amicably.
7. Consider Future Employment: While addressing the current situation, also consider your future employment prospects. A smooth transition and positive reference from your current employer are crucial for your career advancement.
Remember, navigating employment disputes requires a strategic approach and a thorough understanding of relevant laws and policies. By following these steps and seeking appropriate guidance, you can address the notice period issue effectively.
From India, Gurugram
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Legal Notice for Breach of Notice Period .docx