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Termination

(Querist) 20 April 2010 This query is : Resolved 
I was working in a public sector Enterprise(A Govt of India Enterprise) on contractual basis for one year.
I was terminated from employment stating as below
Due to unsatisfactory perfomance your service is teminated under section 13 clause 3 on ddmmyy.
I received the letter from office and was terminated from next day before the completion of contract without receiving any information or communication.
The contract agreement clearly stated that your services will be terminated giving three months notice period or pay on either side.
Can any one tell me as what i should do.
A V Vishal (Expert) 20 April 2010
Were you under probationary period & Did you get the notice pay?
R.R. KRISHNAA (Expert) 20 April 2010
You are stating that "The contract agreement clearly stated that your services will be terminated giving three months notice period or pay on either side."


I believe that your termination has been made in accordance with section 13 clause 3 and not as per the clause you are relying upon above.

Please re-check the contract agreement and the section 13 clause 3.
Parthasarathi Loganathan (Expert) 20 April 2010
In the banking industry, even if the employee is a probationer, notice period as per terms of employment must be complied. This is applicable only in the case of non-performance and no other acts of the employee which are detrimental to the interests of the organisation.
B K Raghavendra Rao (Expert) 20 April 2010
You are entitled to three months' salary and you may recover the same by operation of law. However, your employment contract need to be studied in detail before proceeding further.


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