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Ankit Mishra   13 July 2018

Termination from job without any intimation

Sir, This is Ankit mishra from Delhi sir this is story about my elder brother who had been working in a Pvt. Ltd. cmpany for four years. now he has terminated from his job without any intimation, sir there is only one mistake done by him which is that he took a nap at the time of duty. and only this cause he was fired from his job. and after some day he was called by his employer to come back on job at lower post as labour and on lower salary. and now my brother is compel to do this work because his wife is pregnant for eight months and needs ESI hospital facility.
so sir tell us what can we do after this.

 3 Replies

Vikas Tiwari (Advocate)     13 July 2018

What was the position of your borther before demotion?

was there any kind of appointment letter issued to your brother when he was first appointed,? 

is there any written intimation / communication to you brother that a disciplinary action is being taken against him?

by what mode he gets his salary Online / Cash?

Since your brother is in need of a job because of his personal / family condition, he is really interested to take legal action against the employer.

You can discuss your problem with me in details....

+91 9899011555

Ambanshu Sahni   13 July 2018

Issue a legal notice to him and see how he reacts

N.K.Assumi (Advocate)     14 July 2018

Taking a nap duing duty may amounts to misconduct liable to be penalised by the employer, though Oxford University research shows that taking nap at noon time enhance working capacity of employees.In you case, if your bro was found napping for the first time and if there is no such incidents in the past with warning by the employers, the punsishment is certainly not propotionate with the misconduct and there can be industrial dispute by approaching the approprite authority, including termination wihout notice, a mandatory obligations of laws to be followed and observed by every employer in India. 

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