• Termination from Job

Dear Sir,

I just want  to know about the rule regarding termination of job for Fixed Term Employment.

I have hired by one organisation for two year Fixed Term Employment Contract.But my employer has break my employment before completion of my full term on ground of economic constraint giving two month notice, which is mentioned in my contract. 

Since i am a Finance person i know and i have the evidence that the financial position is not so weak as stated by my employer.

I have requested my employer to let me continue my employment till my contract end, which was going to end on 6th August 2016,so that i can able to find new job.But till date the employer has  not accepted my request. 

As per the termination letter my contract will end on 30th April 2016.

I also want to bring to your attention that i have not applied for this employment, the employer approached me to take this employment. At that time i was working in Bareilly, in a very reputed company.

And i have shifted my family to Delhi for this employment and incurred huge cost in resettlement, in getting admission of my two children and other transportation cost.Employer has not reimbursed any resettlement cost to me.

Now this employer has break my contract before the due date.

Can i sue the company for this injustice. Is any legal rule is in place to safeguard my interest.

Your advise is anticipated in this issue.

Thanks,
Regards,
Asked 8 months ago in Labour from New, Delhi
1) what i s your designation in the organisation ? 

2) it is necessary to peruse your employment contract to advice . 

3) make representation to your employer that you had incurred substantial resettlement costs which were not reimbursed  by the employer  


4) fixed-term worker” is governed by section 2(oo)(bb) of the ID Act. A fixed-term worker is the one who has been appointed for a fixed period, that is for a specific time. Once the employee has accepted a fixed-term appointment letter, he has agreed to work for the fixed period his termination as per the contract would be valid. No retrenchment would be required to be complied with.
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) it is your case that your work has been satisfactory 

2) the employer  who intends to terminate the contract must give notice to the employee  in writing.
The notice period to be given must be as per contractual terms agreed upon at the time of employment.

3) in your case if contract provides for issue of 2 months notice in case of termination by employer and you have been given said notice chances of obtaining reliefs from court would be bleak 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Hi
 you should send a legal notice demanding compensation for the termination before the contract  over.
if not respondent properly approach  a civil court against the employer to reinstate and pay adequate compensation. .
If the company send you away due to reasons of financial crunch, it has to follow the proper procedure and you should have been compensated accordingly . You should also have given an experience  letter .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
There seems to be a breach of contract by your employer in as much as the contract has been brought to a premature end without any justifiable cause. You can issue a legal notice to the employer to demand compensation for breach of contract and then move the competent court if the demand is not made.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Now this employer has break my contract before the due date.
Can i sue the company for this injustice. Is any legal rule is in place to safeguard my interest.
Your advise is anticipated in this issue.


As you were aware that this contract was only for two years with the condition that the employer can terminate the contractual employment by giving two months notice, what is the illegality you have found in the employer's action of terminating your contract?
What is the injustice that the company has done to you that you want to sue the company.?
Company's finance position will be known on a better manner to the employer and not the employee.
if you have shifted your family on your won from your ative to Delhi, how can you hold the company responsible for your action?
In a temporary employment, it was your duty to analyse all the factors before shifting your family.
In my opinion, I dont think you can have any relief against the employer, legally. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
My current organisation is a subsidiary of a foreign company, and one of the foreign Director has taken 
this decision, while the sole Indian Director who is acting as a Managing Director is against my 
termination. 
But the voice Indian Director is not listen.
As I opined in my earlier anser, the employer being a foreigner may not listen to you or will pay heed to any of your letter or mail.  
The Indian MD herself has no voice to support you, how do you think that you can fight against the company?
In my opinion, you may look forward for a better company instead of fighting a losing legal battle in this respect.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
you can file a suit for compensation under section 39 of the indian contract act. employer cannot take false defense he has to prove that he cannot pay salary to the employee due to weak financial condition of the company.

according to the labor compensation act company is bound to take prior permission of the labor commissioner before termination of employee on the ground of weak financial condition, because in this condition company will pay compensation according to the scheme approved by the labour commissioner. 

hire and fire rule is not applicable in india. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0

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