I was working with a company for more than 4.5 years and even worked in the second shift until 10 PM for about 3.5 years. I had a good performance record in all the annual performance reviews. I had some health issues and was on leave; this was informed to my manager and HR. After I joined back, my company asked me to work in the 8 AM shift, which I did not feel was feasible as I had just recovered. HR asked for a medical certificate stating I am not able to work in the 8 AM shift. My employment letter does not have any clause stating I will work in any shift; still, they blamed me for not being flexible and said this is my last chance. I again felt unwell and went on leave; within one week, HR sent an email saying to respond today, and before I could see the email on the next working day itself, they sent another email saying they have initiated termination. In a few days, I was terminated with no show cause letter received. Now, after 3 months, the company is asking for notice period recovery. I did not resign; I was terminated without any notice, and still, they are asking me for the notice period amount. They have not even provided my experience or relieving letters, which is making it difficult for me to get another job. Can anyone please advise on what I should do in this case?
From India, Mumbai
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From India, Mumbai
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Illegal Termination and Next Steps
From your description, it seems:
1. Your termination may be illegal. If you fall under the category of 'workman,' you can seek relief from the labor court or industrial tribunal and may be entitled to reinstatement with back wages.
2. The company cannot claim notice pay since they have terminated your service.
3. If the company sends you any notice or letter, always reply with the assistance of a lawyer, if required.
You have a strong case for challenging this termination. If you wish to challenge it, do not sit idle.
Regards
From India, Kolkata
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247From your description, it seems:
1. Your termination may be illegal. If you fall under the category of 'workman,' you can seek relief from the labor court or industrial tribunal and may be entitled to reinstatement with back wages.
2. The company cannot claim notice pay since they have terminated your service.
3. If the company sends you any notice or letter, always reply with the assistance of a lawyer, if required.
You have a strong case for challenging this termination. If you wish to challenge it, do not sit idle.
Regards
From India, Kolkata
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I do not fall in the workman category. I want my documents, experience letters, and relieving letters so that I can get a new job. Also, as per the offer letter, if the company terminates me, they are entitled to pay me 3 months of basic pay. How can I get this amount? Additionally, how much would be the cost incurred for legal proceedings?
From India, Mumbai
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From India, Mumbai
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If you do not fall within the category of 'workman,' then seeking a remedy can be expensive as well as time-consuming. You have to approach the High Court in that matter, I believe.
The cost of the legal procedure depends on the seniority of the lawyer as well as your geographical location.
From India, Kolkata
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The cost of the legal procedure depends on the seniority of the lawyer as well as your geographical location.
From India, Kolkata
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Legal Notice for Breach of Notice Period .docx
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