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Ketan (Finance Consultant)     26 March 2021

Protection from company's initiated separation notice

Hi,

I am an employee with a service company in Bangalore since 2016 and have been associated with couple of clients.

The last client I was working for has been acquired leading me to come on bench.

I was not provided with any opportunity as my relations with my manager are not smooth. There were lateral hirings for the same profile but I was not given any opportunity despite a strongly matching profile. I was on bench for 4 months. My contract with company says that a termination can be initiated only after giving due opportunities to improve performance. My performance has been great and I have several written good feedback from last client side.

Now, my company has initiated a notice with just 1.5 months of notice, whereas my official notice is 2 months.

What are my rights in this case ?

Regards,

Ketan



 2 Replies

Sanjay Narayandas (Advocate)     26 March 2021

Dear Ketan,

Sorry to hear the sad state of affairs at your professional end. Managers can be real pricks sometimes.

Anyway, about termination after giving due opportunities criteria is very debatable in court and not your strongest point but the criteria of notice being 1.5 instead of 2 is something that is your strength in the legal battle. So, on the same ground you can send a formal well drafted legal notice from an advocate to send to your company. But this you can do if you don't have any plans of continuing under thag company as things turn hostile in legal battles. But otherwise, on that ground you can seek damages.

If there are any facts that you have failed to mention which are important then you can contact me for further queries and drafting of legal notice.

Hope you get out of this mess soon enough.

Ritesh Maity (Labour Law Advocate)     27 March 2021

If your notice period is 2 months as per your letter of appointment, then such period cannot be changed at the whims of the employer.


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