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.
Posted on 03-Jan-19
Advocate Kishan Retired
Answered on 16-Jan-19
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.
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Answered on 03-Jan-19
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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Can I file a case for termination
Almost for a 4 months I have being complaining about lower AC temperature 22. . Last month I boycott office emailing that I will only come to office it is resolved. HR tried to call me but I did not answer and reply to the email stating that I will come only when I issue is resolved. After continious emails, HR sent the termination email saying disciplenary issues. I have already wrote an email stating to state and prove my disciplenary issues. I need to understand and challenge the termination as it is not right.
Posted on 05-Nov-19
I was wrongfully terminated by my management without giving me any notice
I was selected in the capacity of Manager in a big company.
In my Appointment Letter there was welfare term that you will be allotted with a 01BHK flat.
I after joining took the flat. Later surrendered due to small accommodation.
I requested for big 02BHK from the management. They accepted my application but on asking the allotment always i was replied that civil work is in progress.
Now in the month of August one of my Senior Official in ED designation had taken this issue and issued me a letter on the name of in discipline act not takin housr allotment and staying in Essential Housing.
I replied that letter and expressed my willingness to take the house. I requested 03 months time due to domestic problems ie
a. Marriage in Nov of my younger brother's daughter.
b. Final Exams of my younger son MBA.
c. Sickness of my wife as treatment is going on.
They didn't consider my application and termination letter give with out any notice.
Also no payment for notice period is given.
I was working in the capacity of Manager M-3.
Please suggest me and help.
Arun Kumar Sharma
Posted on 03-Nov-19
Termination of employment
I have been terminated by my comoany stating performance issue. There were no warnings or PIp given for me to improve on my performance. I was asked to resign from immediate effect and complete the hand over process. I completed the handover process but I have written to the HR stating I am willing to serve the notice for 2 months as per the agreement and if the company doesnt want me to serve the notice then I shall get the severance pay for the month in lieu. My manager has mailed before about my last working day and my access is removed I did not get any communication nor the HR called me and they have also put my salary on hold. How can I get compensated for this? I have committments to fulfill.