• Can manager be terminated without appraisal

Hi,
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 9 months ago 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
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
Hi
You ├žan 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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
You may file a lawsuit to claim compensation for the loss of reputation.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0