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Anish Singh (NA)     07 May 2016

Termination without notice or warning

I wanted to know if i can file a case against my employer for asking me to leave without any prior notice or written warning. My employer confirmed me that my performance was not upto the mark hence i can no longer work with the firm, however in my offer letter it's very clearly mentioned that my services can be terminated by either side by serving 30 days notice or immediately by paying the amount of notice period in lieu by either sides. My employer one day suddenly terminated me and when i refused to sign my termination letter they asked me to go home and said to intimate me whether they will normally ask me to resign or terminate my employment whereas my service has already been discontinued effectively immediately and they will only confirm if they will terminate me or normally release me. As per my understanding either ways are illegal and not as per the norms of offer letter provided to me. Yesterday my company director called me to come and collect my relieving letter and sign the required documents after which my full and final settlement will be credited. Now i want to know whether I should sign the documents or what actions can i take against my employer for terminating my services like this. Can I claim my notice period salary from the employer for terminating my services immediately and any accrued bonuses legally. I am not sure if they will even provide my dues in FnF.


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 2 Replies

Ritesh Maity (Labour Law Advocate)     07 May 2016

In legal terms, there is nothing like "asking you to leave or resign". Either the employee resigns or the employer terminates his service. 

If you resign yourself for whatever reason, you cannot challenge such termination. 

If they terminate you, can can surely challenge it. Terminating someone on the ground of non-performance requires to issue charge sheet, conduct domestic enquiry and prove such alleged non-performance of the employee. In your case nothing has happend. 

Hence, you challenge the termination asking for reinstatement and also to pay the outstanding salary. Once you accept such termination, even though illegal, you can claim for full and final settlement including dues like gratuity, if applicable.

It is advisable that before taking any steps, you contact a labour law advocate with all relevant documents. 

Kumar Doab (FIN)     07 May 2016

Did you record the demand of resignation or threats etc (audio/visual/witnessed/minuted)?

The onus may fall on you to prove.

Termination is a speaking order.

Since you have been asked to remain out of office, and that you shall be communicated the decision,you could have minuted it at least.

If you are being relieved then it is based on what; resignation, termination etc?

Under performance/Non Perfromance is not  a misconduct. Employer should provide training and suport to improve the performance. 

However now you may approach an able counsel specializing in labor-service matters and proceed further under expert advise of your counsel.

 


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