Termination of employment
Dnyanesh
(Querist) 19 December 2014
This query is : Resolved
After working for 4 months(probation) for a diplomatic mission/consulate in Mumbai,India, I was been told that my services are been terminated with immediate effect from the next day on the basis of non performance.
for this, no written email or letter was handed over to me.
the extension of probation period was also not communicated by any written medium and neither any indication of termination was hinted.
On the day of my termination I wrote an email to the management asking for reasons for termination & showing my dissatisfaction with certain management actions but only verbally they gave me certain childish answers which were not acceptable by me.
I asked them to give some solid reasons for termination but the print-out of the mail i sent was torn out ridiculing the mail.
No monetary compensation was promised at the time I left, my access card and identity card were immediately confiscated & was told not to come from the next day.
I want to know if an experienced person can be terminated without any notice period (after probation period) for not committing any serious offence at the work place& just giving the reason for non performance.I have a total work experience of 13 years & worked a diplomatic mission in the past as well.
Also if there is a termination then can there be no monetary compensation for the loss of job?
Also is there any Act which can be refered to or any tribunal or court where the employer can be sued for causing sudden monetary loss and lot of mental agony.
These employers are diplomats working in india and representing foreign state govt.
Please help.
thanks,
Dnyanesh S.
Isaac Gabriel
(Expert) 20 December 2014
You have stated that you have worked for 13 years,but terminated after 4 months of joining.Clearly state facts.
Devajyoti Barman
(Expert) 20 December 2014
Since you are an experienced person in this field, your termination in the manner stated above is not acceptable.
In any case the job contract or offer letter is key to determine whether you have any actionable claim against the termination or not.
So highlight on this issue to further advice.
Rajendra K Goyal
(Expert) 20 December 2014
First search another job for you. Consult local lawyer dealing in service matters and show him your appointment letter. It seems no dismissal letter was given. Send legal notice.
Guest
(Expert) 20 December 2014
You are a manager, but your query is quite mismanaged, as you asked query for solution to your service problem, but without giving the most essential service particulars/events/conditions. Besides, you are speaking about your service matter, but have posted your query under the classification of business law, instead of services law. By the way, what element of your service condition relates to business law?
In the whole long description, you have not mentioned what were your service/ termination conditions, as per the offer letter/ appointment letter. Also, you have mentioned that after working for 4 months(probation) your services were terminated, but you have not mentioned whether you were confirmed in service after completion of probation period and received any confirmation letter or not.
So, any proper solution to your problem lies only in the terms and conditions of your employment and confirmation after probation. You may better mention such conditions, if you want any solution to your problem.
ajay sethi
(Expert) 20 December 2014
answer queries raised by experts
Kumar Doab
(Expert) 22 December 2014
Agreed with experts.
The Probation period should have been stated in appointment letter issued to you.
It might have been stated that confirmation of employment, termination shall be communicated in writing..
You should post extracts of service conditions and show these to your Labor Law Consultant/service matters Lawyer
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
The answer to your queries will depend upon your reply to the queries raised by experts.
