There must be termination clause in your appointment letter
2) you have to be paid compensation as per terms of your appointment letter
Termination of Contract
My contract is terminated and company gave me a 4 day notice . I was on a contract with them till December . Am I entitled for a compensation and how much ?
Asked 4 years ago in Labour
20 Answers
Depends on the clauses of contract. If not then loss suffered by you due to cancellation
Can I share the Termination clause with you here ? They are confusing
Asked 4 years ago
You can reproduce the termination clause here
Clauses : You will be provided with 1 month notice or payment in lieu of such notice , should the company decide to terminate contract except in the case of termination for cause, elimination of your role or terminated necessitated due to the closure of the office , all of which could take instant effect. A "termination of clause" shall include but is not limited to the following : a) Violation of company's rule b) Non Compliance with company's business conduct c) Any reason amounting to "cause" or for which termination without notice or payment in lieu of notice is permitted under the law of the jurisdiction in which your job assignment is performed. Please note they gave me a 4 day notice only and the project was terminated due to business condition due to COVID
Asked 4 years ago
Hello,
- You can sue the company for a compensation provided the termination was unilateral and against terms and conditions of the agreement.
- You can certainly share the clause of termination for our examination to assess the scope of seeking compensation.
You are entitled to one month salary as your services were terminated with only 4 days notice
If you were a contractual employee then you may hav to refer to the conditions of the contract or agreement.
If there is any clause that the company has to give you notice or compensate in lieu of the notice period for terminating your services then you can claim such compensation.
If on disciplinary grounds your contract was terminated then you may have to ascertain that if the said disciplinary grounds are true if not you can challenge the same on merits.
Yes you may have to mention the clauses for termination so that a proper opinion can be rendered.
You can revert with the information sought.
Termination is not valid if contrary to terms and condition of appointment. And at this moment every termination against the advisory of union of India.
You can challege the termination in labour court once this epidemic over come. Or complain to ministry of labour and employment.
You are entitle to payment in liue of notice period if there is provision of it.
The closure of project is also one of the clauses that can be held legally valid.
However all the employees across the globe are given privileges due to current crisis caused by the covid19.
You can prefer a representation to the company seeking at least one month salary as compensation since this termination was not due to your fault.
If they refuse to accede to your request then you can plan to resort to legal action by first issuing a legal notice demanding your one month salary, because closure of the project was the decision made by the company on its own, hence they have to compensate you the one month notice period.
After yielding no response to your legal notice you can plan to sue the company for recovery of your one month compensatory salary amount.
Hi,
As per your input, the termination is wrong and you may sue the company for it, asking compensation etc.
- As per clause , you are entitled to receive at least 1 month notice , hence given only 4 day notice as against the law.
- Further, you are also entitled to get compensation as well for the termination , even the cause of termination due to business condition due to COVID.
- You should claim the same after sending a demand notice to the management.
- If no response , then you can file a complaint before the labour tribunal.
1. Yes you can claim compensation from company for this illegal termination without any notice before completion of Contract term.
2. You will be entitled for compensation of notice period as well as till the time you will not get another job.
You can calculate your loss and seek the compensation from company
Hello,
You can file a suit for breach of contract .
Regards
Hi
You can file for receiving the payment after this corona thing is over.
If still company sorts out the matter. You could file a complaint under employee protection in civil court.
Thanks
The terms and conditions of your contract will have details, either party needs to comply the T&C with regard to termination / resignation, which clearly gives details in your post.
Going by the clause, the company has to pay one month notice payment in lieu of notice to you.
1. Typically, a regular employee's services may not be terminated due to the existing COVID issues.
2. However, since your assignment was on limited period Contract basis (and not on employee basis), the Co. is legally entitled to cancel the contract, by giving appropriate compensation, depending on the type of assignment you were handling.
3. You have an strong option of filing a Civil Court Suit, alongwith all supporting documentary evidences, for redressal of your grievances and for seeking compensation for your losses, which can include physical & mental trauma.
It depends upon the company policy with regards to termination.
The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company.
In case of no reply to the legal notice you may choose to file a civil suit for recovery of legitimate dues like unpaid salary and compensation.
pls issue a legal notice through an advocate.