Employer refusing to provide termination letter
I was under a contractual employment of 11 months with 3 months probation. I successfully completed my probation. Then after a week, my employer called me up for meeting and instantly fired me, took away my access card and company belongings. It has been a week now, when i asked him to provide a termination letter in writing he refuses and says you left on your own will and we will file charges against you.
Kindly advise what lega action should i take
Asked in Labour from Gurgaon, Haryana
1) it is necessary to peruse terms and conditions of your appointment letter
2) issue legal notice to employer fir having terminated your service without notice
3) there must be clause in appointment letter that if employer terminates your service during period of contract he would pay you salary for period of one month
4) contact a local lawyer
When an employee leaves on his own then he puts in his resignation, in the absence of which there is no material to prove that he has left on his own.You can issue a legal notice to your ex employer and then move the appropriate court to seek a declaration of illegality of your termination and also compensation for wrongful termination.
If you have been stopped entry into the building by the security, secure that evidence and after that issue a legal notice to the company demanding the reason for sacking you without giving any notice or information before being terminated. If you have the offer letter for the contractual employment, you may quote the clause for termination or resignation and seek justice and reason for his unwarranted act. If you dont get a proper reply you may approach the labor welfare officer for relief and remedy.
you should file a case before the labour court because your termination is against the settled principle of law. he is bound to issue a show cause notice and provide you a chance to explain your stand. this process is not followed in your case so you can file a case immediately.