Hello,
The same can not be done without giving you an opportunity of hearing.
On what post were you working?
What was the termination clause in your employment agreement?
Regards
Hi, I got terminated from my job yestarday, they haven't provided me any termination letter yet. My request of meeting them is also not taken into consideration. They are saying that it will take time. What can I do? I was terminated without giving any notice for reason which I think is misconduct, but I am not sure. Also can employer terminate me on such short notice for misconduct without even providing me any letter. Thanks, Rohan
Hello,
The same can not be done without giving you an opportunity of hearing.
On what post were you working?
What was the termination clause in your employment agreement?
Regards
what is your designation in company ?
what are terms of your appointment letter?
if you fall under category of workmen you can file complaint against company for wrongful termination and seek reinstatement
Hi,
Before replying to your query, I want to know few details regarding your job;
1. was it a private organisation or Government?
2. what position you were holding in your organisation?
3. was there any clause in your appointment letter/contract that you'll be given certain notice period in the case of termination?
Kindly correspond with them through email or send them letter through registered AD. Before suggesting a legal recourse, I'd like to know the above mentioned details. Read carefully your appointment letter and get back with details. Regards.
If there is a provision for notice period in your termination clause, you could not have been terminated at such a short notice.
Moreover, this termination seems to be dehors the employment agreement, besides the fact the same is unilateral and arbitrary.
Send a legal notice to your employer to:
a. compensate you in lieu of not giving your notice of termination.
b. seek damages(monetary) in lieu this illegal and arbitrary termination.
Dear Sir,
Illegal activities can be questioned before the Court. Get issue a legal notice and file case against your employer otherwise there will be not evidence. He will create anti dated documents. It is not know since how many years you are working and your status whether temporary or permanent. Please contact me.
They should give you a memo for misconduct. Without memo or notice they can't terminate you. Send a legal notice to them. You can file a case in labour court for illegal termination & unfair labour practice and seek relief.
The private organisation do this and stop the entry of employees and press them to resign and avoided dispute.
Just wait for few days and better if asked to resign, resign and get the releasing letter and work certificate etc that will be needed in your next job.
I worked in an IT company. I worked there for 2 years and 9 months. My designation was Technical Leader and Cheif architect. Responsibilities included taking technical decision for project and helping team with any difficulties and challenges, talking to client and collection requirement and writing code. I joined company on June, 2015 as a Trainee Developer, then progressed as Junior Developer, Developer, Senior Developer and than to my current designation. Company is sole proprietorship company with around 32 employees. I checked through all the docs that I have there is no terms and condition document is not with me, it's with the company. I don't know the termination policy in it. It has a policy though that I have to server 3 months notice period if I resign. Please take these points into consideration while advising - As I don't have terms and condition document, you can consider that they have a immediate termination clause without any notice. - I have mailed them a apology mail accepting my mistake and asked them to schedule a meeting as I want to discuss things further. I got the reply we will schedule "We will surely meet and discuss. But it will take some time." Questions: - Is giving reason of termination to employee mandated by law? - Can termination reason be just specified verbally, without any written letter from companies side? - Full and final salary settlement is not done still? Is there any stipulated timeframe that law mentions in case of termination due to misconduct? (I am not sure about this, as I don't actually know the reason I am assuming is misconduct for now) - Can I go to office as I don't have any document specifying I have been terminated nor have I signed anything? I was asked to give my laptop and ID card. So I don't have a ID card right now. Will it be considered trespassing? I am worried they don't send me a letter for absconding suddenly if I don't go to office. - What further action I can take if they issue me a termination letter? - Do I have right to depend experience letter? - I don't have last 3 months salary slip and terms and condition document. Are they obliged to send me document if I request? Thanks in advance for replies. Hope I haven't missed any details this time.
Hello sir , you can file complaint against the company for compensation and re-enstanment in the labour forum
1) employer can not terminate employee services verbally
2) written intimation has to be given to employee
3) reasons should be mentioned in termination letter
4) full and final settlement should be done within reasonable period
5) if you have given your I’d card you cnnaocannot go to office as you would not be permitted entry in office
6) you are entitled to fualland final settlement of your dues if terminated
7) you do not fall within category workmen and would not be entitled to reinstatement
There are certain provisions for terminating an employee by the company in short hairs to be issued warning letter for his conduct and performance before receiving a termination order as in your case there is no termination order issued by the company it is deemed that the company is not looking the way termination is being done instead they are looking for amicable solution to terminate you through the resignation you may not be working for the notice period at the same time you're not be claiming for that salary of notice period this kind of situation arise as I suggested earlier you should be agree so that you can get your relieving letter and experience letter we will be required for your new assignment in any other company if any company is not looking to keep you with them any dispute arising out of this will definitely disturb.
Please note if there is lapse from your side they can terminate you immediately but are bound to pay you advance salary of notice period of which you were supposed to serve. Send them legal notice for recovery of your dues. Further termination has to be done giving reasoned decision. File a suit for recovery of money also approach labour court if needed.
-Yes, otherwise the termination would be taken as arbitrary and illegal.
-yes, this is very much possible
-No! Termination on account of misconduct or no misconduct, the FnF has to be done forthwith.
- Yes, you may go to your office to find out the exact ground position.,
- go the court challenging your termination
- yes.
To terminate a permanent or confirmed employee, the company has to follow due process of law, if not the company may be dragged to the labor forum and labor court for reliefs and remedies.
The reason for termination has to be informed to the employee including if it was due to misconduct.
The reason for termination to be mentioned in the termination letter.
In the termination letter itself they would have mentioned about F&F, if not then you will an intimation separately.
Since you have not been issued with the termination letter, it wold be treated as absconding if you dont attend the office. So you can very well attend the office, let them stop you with the written reasons.
You can take up the matter either with the labor commissioner or by a writ before high court.
Dear Sir,
All your questions cannot be answered on this platform since our valuable time is to be equal distributed among other litigants also. Please brief in your questions. Sorry for inconvenience.