I am working in a limited company located in Jaipur, and I am based in Ghaziabad. When I was COVID positive and informed the reporting boss and HR, they fired me for a nonsensical reason during the 2.0 lockdown. My notice period is 2 months, and I have pending 4 months of travel allowance and the last month's salary (April) for 2021. At the end of the month, they fired me and are withholding my salary without giving me any notice period. What should I do? Any suggestions would be greatly appreciated.
From India, Kota
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From India, Kota
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Firing of an employee with immediate effect
Firing an employee with immediate effect, even under the terms of the contract, without simultaneous payment of notice salary and retrenchment compensation if applicable, is illegal on the part of the employer.
Legal recourse for workmen
Therefore, if the poster was employed as a workman as defined under Section 2(s) of the ID Act, 1947, he can raise an industrial dispute under Section 2-A(1) of the Act before the Assistant Commissioner of Labor for the area where he worked last.
Legal recourse for higher cadres
If he belonged to any other higher cadre, he can file a civil suit against the breach of the contract by the employer and claim the amounts due with damages.
From India, Salem
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6108Firing an employee with immediate effect, even under the terms of the contract, without simultaneous payment of notice salary and retrenchment compensation if applicable, is illegal on the part of the employer.
Legal recourse for workmen
Therefore, if the poster was employed as a workman as defined under Section 2(s) of the ID Act, 1947, he can raise an industrial dispute under Section 2-A(1) of the Act before the Assistant Commissioner of Labor for the area where he worked last.
Legal recourse for higher cadres
If he belonged to any other higher cadre, he can file a civil suit against the breach of the contract by the employer and claim the amounts due with damages.
From India, Salem
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Termination from Employment.pdf