My company terminated me without giving prior notice or salary in lieu by stating that the project is going to ramp down. I have completed my probation period as well. Is this legal or illegal? Please help me out.
From India, New Delhi
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From India, New Delhi
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Termination has to be done as per offer or appointment letter. Normally salary in lieu or notice period us the norm.
From India, Pune
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3180From India, Pune
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Hi Dheeren,
You should go back to your offer letter/employment contract and refer to the termination clause. Normally, employers cannot fire employees without service notice (as may be provided in the contract) or paying salary in lieu of notice. What does your employment agreement provide? Also, look for circumstances in which companies can fire an employee immediately. Sometimes, the clauses provide for immediate dismissal upon the happening of an event, e.g., insubordination by an employee, etc. Having said that, employers may resort to firing immediately when there is such a reasonable cause but not dismiss arbitrarily. If it is an arbitrary dismissal, you have to seek legal remedies.
Best,
Meera Kaura Patel Partner, LawCircle Email: meera@lawcircle.in
From India, Delhi
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You should go back to your offer letter/employment contract and refer to the termination clause. Normally, employers cannot fire employees without service notice (as may be provided in the contract) or paying salary in lieu of notice. What does your employment agreement provide? Also, look for circumstances in which companies can fire an employee immediately. Sometimes, the clauses provide for immediate dismissal upon the happening of an event, e.g., insubordination by an employee, etc. Having said that, employers may resort to firing immediately when there is such a reasonable cause but not dismiss arbitrarily. If it is an arbitrary dismissal, you have to seek legal remedies.
Best,
Meera Kaura Patel Partner, LawCircle Email: meera@lawcircle.in
From India, Delhi
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Termination from Employment.pdf