Illegal termination in it industry

Arti Aggarwal (Querist) 02 February 2023 This query is : Resolved
Now with recent IT layoffs, what all laws are applicable for IT professionals. My friend is laid off with reason as 'non performance' and company terminated

1) in 5 minutes phone call without following any performance improvement plan process,

2) paid just 2 months basic salary, though appointment letter says 2 months notice period for either side.

3) revoked all employee benefits in 5 mins phone call and

4) issued service certificate having reason as "termination" which is creating a blocker in next jobs

What all can be done against such employer, which court in Pune this case can be filed and what all can be asked as relief.

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Quick Summary

This discussion addresses the legal implications of recent IT industry layoffs, particularly concerning unfair termination. It highlights a case where an IT professional was allegedly dismissed without a performance improvement plan, inadequate severance pay, and immediate revocation of benefits. The advice given suggests this termination may be illegal and recommends pursuing legal proceedings through a labour court, with potential reliefs sought for the employee.

Sudhir Kumar, Advocate (Expert) 03 February 2023
Labour Court.

is ti same case https://www.lawyersclubindia.com/forum/what-s-the-definition-of-it-professionals-in-labour-law-227985.asp

Dr J C Vashista (Expert) 05 February 2023
Termination of service without due process of law is invalid and illegal.
Let your friend may initiate necessary legal proceeding through a local prudent lawyer.

Arti Aggarwal (Querist) 05 February 2023
Great, thanks could you pls refer a good local lawer in Mumbai or Bengaluru?

Sudhir Kumar, Advocate (Expert) 17 February 2023
this forum does not suggest lawyers. you can search the member data base.

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