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Around 1200 employees of Verizon Data Services India were laid off in different cities like Bangalore, Hyderabad and Chennai. Some employers have alleged that the HR representative was accompanied by bouncers and goons that forced employees to sign their resignations. Verizon has now come under the scanner of Labour Commission for violating labour laws in India.
This is not an isolated case of illegal termination of employment by a large company. There have been previous instances of companies taking the path of mass layoffs due to various reasons. Companies like Snapdeal, Infosys, Tech Mahindra, Wipro and HCL are a few names among many companies that have come under the scrutiny of labour authorities for mass termination of employment.
Getting fired from the job can happen even when it’s not your fault. You’re wrongfully terminated when you get fired without sufficient cause, the employer is downsizing or due to a personal conflict. Wrongful termination is one of the most common types of employment dispute. Every year thousands of employees are subjected to wrongful termination but are completely unaware of the correct legal course against it. Before considering taking an action against the employer, you need to establish whether the termination was wrongful or not.
For more adept legal help or information about the legal remedies against wrongful termination, connect to us for an expert legal consultation.
Termination of employment is one of the most unpleasant and unwanted procedures. However, the termination must be conducted in the most ethical and legal manner possible. If a termination is performed in any of the following forms, it is considered as wrongful termination of employment in India:
There are several labour laws in India against wrongful termination of employment. If the wrongful termination is done on the basis of discrimination due to age, gender, race, caste, etc., it is a violation of fundamental rights of a person given under the Indian Constitution.
If the wrongful termination of employment is done in violation of any provisions of labour laws, the Industrial Disputes Act, 1947(1), the Workmen's Compensation Act, 1923(2) and State Shops and Establishments Acts(3) come into play. The labour laws in India primarily deal with wrongful termination of employment of labour class in India. However, within the meaning of ‘workman’, even the managerial sector comes within the application of labour laws in India.
Once you have established the reason for wrongful termination, you can choose the correct legal remedy against your company. Here’s a guide on what you can do against illegal termination of employment:
Write a formal complaint or grievance letter for wrongful termination, with the Human Resource (HR) Department of your company. Give them time to evaluate the case and come up with a proper answer. Usually, the HR is able to resolve your dispute with the employer and halt your termination.
If the answers given by the HR department are unsatisfactory, hire a labour lawyer and send a legal notice to the employer detailing the case and seeking end-to-end damages. These damages include:
In case of violation of a contractual agreement, you can file a lawsuit against the employer for wrongful termination in the Labour Court. The court can order the employer to restore you at your job and pay damages for wrongfully terminating you.
For more queries or confusion regarding the legal remedies against wrongful termination, ask for expert legal advice from us now!
Indian employment laws are complicated and an employer who knows the loopholes can escape his liability for wrongfully terminating your employment. It is always suggested to consult an employment and labour lawyer in India to sue an employer for wrongful termination, understand your legal rights, have a strong case against the employer and make an informed decision about how to proceed with the case. MyAdvo connects you with the best labour lawyers in India. Email us at email@example.com or call us at +91-9811782573.
1. Industrial Disputes Act, 1947 - A sitemap to the Industrial Disputes Act, 1947
2. The Workmen's Compensation Act, 1923 - A detailed view of the Workmen's Compensation Act, 1923
3. State Shops and Establishments Act - A sitemap to the State Shops and Establishments Act