Job Termination Without Notice: Your Rights & Next Steps

teju yadav (Querist) 17 March 2020 This query is : Resolved
The company have terminated to my job on February 10, 2020 after arriving at the company’s at ICT Testing & Compliance Pvt Ltd in the morning, I was asked by my Manager (Mr. Bhupendra Singh), to immediately go to conference room. I entered the conference room to receive my letter of immediate termination letter without notice period.

However, I was not given any warnings and summarily fired on the above date.

I have been working at ICT Testing & Compliance Pvt Ltd for the past 7 years.

The reason for my dismissal was unclear. It seems to have been connected to an alleged incident with a colleague that never happened.

However, I found myself terminated without having obtained any infraction notices whatsoever. I have also submitted/handover all the assets provided by company which I have taken during my tenure (e.g. laptop, mouse, charger, etc.).

So, I am requesting you to please issue my full and final settlement amount in next cycle period of salary, which included followings:

1. 3 Month's salary (According to The Industrial Dispute Act of 1947 & Payment of Wages Act., if company terminate the employee without notice period)

2. EPF Amount. (According to Employees' Provident Funds Act, 1952)

3. Gratuity amount (As per the, Payment of Gratuity Act 1972)

Also request you please provide the Experience letter.

but still not get any feedback from thereside. they have just release the 9 days salay of feb month.

Request you, please advise what can i do.?

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Raj Kumar Makkad (Expert) 17 March 2020
Engage a lawyer and issue a legal notice to the company as perrules and thereafter follow his guidelines.

teju yadav (Querist) 17 March 2020
Thanks for the info.

One more question, Can i am eligiable to point 1. ?

1.) 3 Month's salary (According to The Industrial Dispute Act of 1947 & Payment of Wages Act., if company terminate the employee without notice period)

(2.) EPF Amount. (According to Employees' Provident Funds Act, 1952) - as actual -

(3.) Gratuity amount (As per the, Payment of Gratuity Act 1972). (Gratuity Amount: ₹1,68,807.69).

please suggest.

Raj Kumar Makkad (Expert) 18 March 2020
Yes. you are entitled for the grant of notice period as per your terms of the employment irrespective of the provisions of Industrial /disputes Act, 1947 and all other reliefs are genuine and are deferred portion of your remuneration.

SHIRISH PAWAR, 7738990900 (Expert) 18 March 2020
Dear querist,

You have to take legal action against company. Send legal notice for unpaid dues etc. and file complaint before labour court.

Regards,

krishna mohan (Expert) 18 March 2020
You can submit the copy of letter to jurisdictional Labour Commissioner office requesting their intervention to settle all your dues as per Labour Laws. It is advisable to take the help of lawyer of your place specialized in labour laws to send legal notice as well and submit a complaint to Labour Commissioner.

Rajendra K Goyal (Expert) 18 March 2020
You should wait for a week or so. Send reminder through Registered Post.

If no response, send legal notice and proceed legally.

Raj Kumar Makkad (Expert) 18 March 2020
As the month cycle has already ended so better to proceed forward as already advised.

Adv.Ambrose Leo (Expert) 19 March 2020
I am an Expert in Labour,Employment & Service matters,can take up immediately in Mumbai,Nagpur & Bangalore High Courts.

KISHAN DUTT KALASKAR (Expert) 19 March 2020
Dear Sir,
You may approach Labor Commissioner under Section 12 of Industrial Disputes Act who is having ample powers to mediate between yourself and your employer to resolve the issues. If you come within the definition of worker then you can raise a dispute before Hon’ble Labor Court.

Rajendra K Goyal (Expert) 19 March 2020
You asked:
1. 3 Month's salary (According to The Industrial Dispute Act of 1947 & Payment of Wages Act., if company terminate the employee without notice period)
Reply:
What are the contents of your appointment letter regarding notice period / termination salary?

You asked:
2. EPF Amount. (According to Employees' Provident Funds Act, 1952)
Reply:
You can request EPF department to refund your funds as per rules.

You asked:
3. Gratuity amount (As per the, Payment of Gratuity Act 1972)
Reply:
Service of 5 years is required to be covered under Gratuity Act. You have a claim with the present employer as you have put 7 years of service.

You asked:
Also request you please provide the Experience letter
Reply:
You are entitled for the issue of experience letter. To harass, companies never / hesitate to issue such letter. Go on taking the matter with them.

teju yadav (Querist) 19 March 2020
You asked:
1. 3 Month's salary (According to The Industrial Dispute Act of 1947 & Payment of Wages Act., if company terminate the employee without notice period)
Reply:
What are the contents of your appointment letter regarding notice period / termination salary?

Tej: I have not received any appointment letter at the time of joining and there is no any written for notice period or termination condition.
In that case, How many months salary they have to pay?

Regarding the gratuity, i have write an email and request to pay all the above mentioned for full and final but not getting any response from company side.

Please suggest...?

Raj Kumar Makkad (Expert) 19 March 2020
What was your exact job in the company?

Raj Kumar Makkad (Expert) 19 March 2020
Apart from the designation, the exact which was being performed by you in the company as well as your current wages are required to be disclosed for the better advice.

teju yadav (Querist) 20 March 2020
Tej: My work profile is delaing with client and provide the regulatory approval cosnultancy service on mail, phone and prepare the documents and submission of application.
current gross salary: Rs. 41,800/-.pm

please advise ?

Raj Kumar Makkad (Expert) 20 March 2020
You are not labour in the given facts as defined under Industrial Disputes Act, 1947 as such you are not entitled to invoke the jurisdiction of Labour Court. You can avail the remedy of civil court by filing a civil suit.

EPF withdrawal form can directly be filed before EPF authorities by getting the signature verified from your banker or other public authorities.

3 months salary without having any specific contract is definitely a debatable issue as there is no such law which may bind either of the parties to oblige each other in such matters hence the civil court.

Gratuity can be obtained by filing a petition before Authority Under Payment of Gratuity Act.

Raj Kumar Makkad (Expert) 20 March 2020
Expert Mr. Ambros! This site is not meant for self advertisement so kindly refrain to lure the prospective clients.

Adv.Ambrose Leo (Expert) 20 March 2020
In you owned interest you have to file a petition before the Jurisdiction High Court through a Expert Lawyer to defend your final dues.

Rajendra K Goyal (Expert) 20 March 2020
May approach civil court for other reliefs and for EPF and Gratuity withdrawal apply concerned departments.

teju yadav (Querist) 20 March 2020
In that Case no joining letter/offer or termination condition. How many month salalry they can provide to us.?

or what can i do?

Raj Kumar Makkad (Expert) 20 March 2020
You are arguing a lot here instead of following the advice. You have amply been advised to engage a local lawyer dealing in service matters and follow his guidelines.

You file civil suit and let the written statement of the company be filed and only then you may put further question.

Rajendra K Goyal (Expert) 20 March 2020
On what basis you want to claimed salary for 3 months when nothing mentioned in your appointment letter / no appointment letter was ever issued?

teju yadav (Querist) 20 March 2020
Sir, they have terminated without notice. so atleast 30 days prior notice must require and after terminate, i was jobless and from past 1 month so i want compensation. that's why or sometime they verbly said if any want to resign they must inform 3 months prior atleast.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
The options before you is that you have to first issue a legal notice to company stating that the action taken by them to terminate you without any notice is against the labor law and also against natural justice.
You may also mention that you are totally innocent of any incident but the company has taken this illegal decision deliberately to not only render you jobless but also with an intention to spoil your career and future.
You include that there was neither an inquiry conducted on any incident that the company may rely upon nor there was any warning given about your character or conduct hence this unjustified decision to suddenly terminate your services appear to be an intentional high handed work of some vested interest who is working against your interest in the company.
You may also state that neither your gratuity amount nor your F&F settlement or the PF amount or the 3 months notice period salary was paid to you despite having written to them so far.
After this having waited for a period as stipulated in the legal notice fr a reply, you may approach high court for setting aside of the company's order to terminate your services ass well as to reinstate you to the same post with full wages and service benefits besides stalling the further proceedings by the company in connection to your termination.
You may consult an experienced lawyer dealing with the service matters and proceed on the advise rendered by the said lawyer in this regard

Rajendra K Goyal (Expert) 21 March 2020
What were the grounds of termination mentioned in the termination letter.?

Sometime, language of termination letter may help to provide / supplement the conditions not mentioned in appointment letter and can be helpful for the employee.

Job termination without notice

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