Can manager be terminated without appraisal
I am working as Senior Manager in a Restaurant Chain in Mumbai since September 2015. I completed 6 months in March. My performance has been good and appreciated by directors. All of a sudden I was sent a letter of termination from MD office via email which mentions that my services are terminated with 1 month notice siting that my performance has been "unsatisfactory" after review. There has been no appraisal of my performance by my reporting bosses till now so there is no question of review. Is this legal? What action can I take on immediate basis?
Asked in Labour from Thane, Maharashtra
1) It is illegal to terminate an employee without any reason and without giving the employee an opportunity of being heard. If you have not been performing to the standards, that could have been a reason for termination. But the employer could have appraised your performance and given you an opportunity to improve
2) Termination Of Service Of Workman Who Had Worked For Not Less Than 240 Days In One Year Will Be Illegal, If The Employer Has Failed To Pay Retrenchment Compensation And Giving Of Notice Or Wages In Lieu Thereof At The Time Of Termination Of The Service Of The Workman.
3) you can lodge complaint with the labour officer if your services have been terminated without any reason
4) you would be entitled to gratuity if you have completed 5 years of service
5) you will be eligible for retrenchment compensation which is equal to 15 days salary for one year of service.
6) In the event of the employer not paying retrenement compensation as requierd u/s 25 F of the Act, the relief for the terminated employee is reintstament with back wages
What are the parameters on which the performance has been reviewed? In a private employment the right of the employer to terminate the employee is plenary but this is subject to the test of fairness and reasonability. It cannot be done in a whimsical manner, as appears to have been done in your case. You can issue a legal notice to the employer, and the follow it up by challenging it in the civil court.
You çan send a legal notice demanding an explanation and file a civil suit either for reinstating you or compensate to you for the harassment, illrepute and your loss of future growth
Since the company send you with one month notice they will come up with reasons for the termination.
If you are not compensated for the termination and issued a releaving letter then you should proceed with a legal notice.
1) If there had been no appraisal or review and you have been given a notice of termination, it is arbitrary and illegal on party of the MD and an attempt to escape the liability to pay you any sort of compensation.
2) On immediate basis you can issue a legal notice to the MD demanding appraisal and appropriate review as no review was on fact conducted or demand appropriate compensation to be paid to you besides the notice pay.
You can issue a legal notice demanding the reasons for showing your performance unsatisfactory. There have to be some incidents to put such blames on you. If the management is not responding properly, you may approach labour forum or file a writ before high court against this termination.
You can even seek the review reports.
Thanks for the support. The MD has also sent a notice to my landlord of company paid accommodation that I am being terminated and would vacate the house. This has been done without my knowledge, not respecting my position with the owner and also not considering my dependent family stays in the accommodation. What action can I take regarding the same?
Asked 1 year ago
1) on your termination you have no right to stay in accommodation whose rent is being pad by company
2) you will have to vacate the premises
Though the action by the employer to vacate the company's paid accommodation cannot be questioned and you may not find a respite legally, you may still refuse to vacate the accommodation immediately for the inconveniences and practical problems you face in this regard.
You may ask the landlord to follow the due process of law by communicating to the actual lessee on such issues. In the meantime you may look for an alternate accommodation for your own safety.
You may file a lawsuit to claim compensation for the loss of reputation.