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RAHUL SAXENA (LAW)     17 January 2022

Working in a manufacturing company since 10 months

Im working In a manufacturing company since 10 months. before 3 day Ago I received a msg on whatspp from GM of the company that "U have poor performance and U have 1 month to improve performance otherwise u will be terminated""

My Questions are:-

1. I dont Have Appointment letter but my salary credited to Bank account and PF also deducted. what are my rights in this situation. Can I ask for 3 month salary or anything?

2. performance notice in text on whatsapp  is valid and can cause my termination after one month?

3. Kindly tell me any addtional information and guidence which can be helpful for me in this situation?



 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2022

if you do not have appointment letter, you do not have rights. As per natural justice one month notice be given by either parties.

RAHUL SAXENA (LAW)     17 January 2022

But I have salary Slip, salary Bank statement etc. And Sir GM sent me Notice for "performance improvement within a month otherwise termination"" on whatsapp. is whatsapp msg will consider as a notice? They Have right to terminate me after one month of this msg?

 

thanks.

Adv.Pramod (Lawyer)     17 January 2022

In your case there is no proper emplyment contract. Salary paid and PF deduction is a proof of your employment and in your case there is a warning  on your performance and is a termination notice. Since there is no contract and normally no notice will be given.

P. Venu (Advocate)     17 January 2022

It makes no difference that there is no appointment letter. There is a completed contract for employment. The employer is bound to follow the due process in termining an employee who is in regular employment.


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