Termination by sms


Is job termination by SMS valid & legal in India?

Vishal

 
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gud evng sir,

 

my mrs.  working in apcpdcl as jr.asst. and i have joined on 01-08-2011 and completed 2 years service as on 31-07-2013.

mean while she  have gon for miscarraige leave i.e for 42days with prior sanction.

probation completion orders also issued and included in dpc for promotion as sr.asst.

but last minute removed her name in promotion list and her completion orders cancelled.

and now thery are saying that probation completion period to extednted for that 42 days.

whether it is corretct or not pls justify.

 

thanq sir.

 
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Dy Director

@ shelnder.  Your seems to be govt deptt.  please start your own thred do not mix query here.

 
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Dy Director

@Vishal Kaur.

 

stricly speaking SMS is alsovalid communication.
rest depends upon terms and conditions and other factors to see if termination is otherwise valid

 

wirte full facts.

 
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Respected sir

Many thanks for your response. 

I was issued an offer by the employer in which it has been mentioned that the first 6 months period is under probation and that no leave is permitted during the probation period other than some conditions like acute ill health. I took few leaves in the first month itself due to ill health. But then I received an SMS from my employer in that month itself that my job was terminated due to breach of conditions. I offered to provide medical certificate but they have not been accepting my request either!

Please advise. 

Vishal

 
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Practicing Advocate since 1986

SMS Termination of services is not valid under law. You issue legal notice and say you have not breached terms of  contract. You say that you will claim damages for illegal termination of services. 

 
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As Sudhir mentioned, SMS is valid communication. 

Issuing a legal notice stating that terms of contract were not breached and claiming damages for illegal termination of services may not work out in this case because Vishal took leave during probation while the offer letter according to Vishal mentions that leave cannot be taken during probation other than ill health. In my opinion Vishal needs to prove that he was indeed suffering from ill health.

The employer could as well respond to the legal notice through its lawyer to any legal notice. 

 
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Dy Director

SMS is valid communication.  It may be difficulty for employer in proving its delivery within parameters of IT Act.

 

However the action resoprted by employer is per-se illegal. 

 

SHe can raise labour dispute on wrongful termination

 
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FIN

 

Submit leave application supported by copy of information/communication you have submitted regarding your sickness, Rx of Doctor/Medical certificate advising bed rest.

Look into Shops and Establishments act of the state and leave rules of the company also.

 
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