What if the company is not giving me appointment letter and terminate me without notice period? Can I do anything in legal matters?

The company is following hire and fire policy. The company doesn't give appointment letter and say it is probation period. The company is not following HR policies.

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Employment

Posted on 3rd Jan, 2019

Advocate Kishan Dutt

Answered on 16th Jan, 2019

Dear Sir, You can raise the issue before Labor Commissioner. He has rights to adjudicate the matter at his level and if the employer not co-operating then the matter will be refer to industrial Tribunal under Section 12 of Industrial Disputes Act. Please go to my Profile on this site (Myadvo) and Review and Rank me No.5 and call me for more legal advise.

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Advocate Aashish

Answered on 3rd Jan, 2019

Your facts indicate the case of unlawful termination. Kindly note, for private employees (who do not fall under the category of workman), and even if there is no employment agreement, the Company needs to follow a general standard procedure. There are several case laws upheld by Supreme Court and various High Courts, where even the Company having the power of immediate termination of employment, the procedure used by the Company has been held illegal and liable for unlawful termination as they failed to comply with certain general legal principle of law and exit procedure of the employee. A detailed analysis of your employment, communication with your employer, exit policy of the Company and other facts should be analyzed. Therefore, you may connect with us at 08448824659 for further discussion to raise the issue of unlawful termination and other suitable claims against the Company. You may visit our website, www.equicorplegal.com

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