• Wrongful termination of contract

working as a musician with taj Vivanta Bangalore for the past 5 years. Yesterday I put in obligatory one month notice at 5:30 pm and I contnd my job, at 8:30 pm the f&b manager comes to me and says wind up and leave, we don't need you. 
He's supposed to give me a months notice, which he didn't.
What r my options
Asked 2 years ago in Constitutional Law from Bangalore, Karnataka
1. Do you have a copy of the one month notice you gave to the management.
2. Ask the employer to give the relieving letter in writing.
3. Complain against the unfair trade practices practised by the employer to the Labour Commissioner.
4. Send a legal notice to the employer to give one month's salary in lieu of one month's notice from the employer side.
Shashidhar S. Sastry
Advocate, Bangalore
1529 Answers
99 Consultations

5.0 on 5.0

1) what are terms and conditions of appointment letter 

2) the terms of contract are sacrosanct 

3) if as per your appointment letter company is required to pay you one month salary during notice period you are entitled to one month salary 

4) issue legal notice to company for recovery of your  dues 
Ajay Sethi
Advocate, Mumbai
38846 Answers
2179 Consultations

5.0 on 5.0

Hi
 Have you signed any contract of your job with the employer? is there any clasue speaking about he notice period from both the sides?
 Since you have put your resignation with notice you are in the right place and  if the employer terminated you , he has to pay you your one month salary and all others dues of incentives or service benefits.all of these will be applied on the basis of the appointment letter issued if any.

If the employer is not paying you your dues on your termination, send him a legal notice an proceed further in the labour tribunal. For sending the notice nad further steps engage an advocate from  your area.
Thresiamma G. Mathew
Advocate, Mumbai
1492 Answers
121 Consultations

5.0 on 5.0

1. You gave the mandatory one month notice to the employer. The employer is required to give the notice only if he initiated the process of termination. 

2. In your case you have decided to leave the institution, so the employer is not required to give any notice to you.

3. You should write to the employer to make a final settlement in the light of the contract.

Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

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