Dear Seniors,
An employee has been terminated from his services, stating that in reference to the clause, the employer is ready to pay three months of salary as per the terms and conditions of the appointment letter. The termination letter was sent through the mail with an attached backdated letter.
Before this email of termination, no written communication had occurred; this decision was sudden. The employee is the junior-most person in the hierarchy.
Now the question is, can the employee ask for the reason for termination? On what grounds was he terminated without any inquiry or communication? Can he file a legal suit against the employer?
From India, Delhi
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An employee has been terminated from his services, stating that in reference to the clause, the employer is ready to pay three months of salary as per the terms and conditions of the appointment letter. The termination letter was sent through the mail with an attached backdated letter.
Before this email of termination, no written communication had occurred; this decision was sudden. The employee is the junior-most person in the hierarchy.
Now the question is, can the employee ask for the reason for termination? On what grounds was he terminated without any inquiry or communication? Can he file a legal suit against the employer?
From India, Delhi
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Yes. The employee has every right to ask for the reason for their termination. Before terminating any employee on disciplinary grounds, the organization must conduct an inquiry, and based on the findings of the inquiry, the employee must be issued a termination letter. The terminated employee can seek legal recourse by either approaching the labor commissioner in their jurisdiction or by going to court. The decision on where to seek recourse will depend on the level of their employment.
From India, Kumbakonam
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1189From India, Kumbakonam
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The employer is willing to pay the three months of notice pay, as stated in the appointment letter. However, the termination was sudden and without any reason provided, resulting in immediate effect.
Can the Employee Challenge This in Labor Court?
Can the employee challenge this in labor court?
From India, Delhi
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Can the Employee Challenge This in Labor Court?
Can the employee challenge this in labor court?
From India, Delhi
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-Who is this employee or how do you know him?
-And as he got this termination letter by emails, so does it means he was asked for not to come office before (a day or more) mailing him Letter of Termination?
-if yes what reasons were provided by employer at that time and why hey were not inquired for the same
and
-have you read the Termination Letter provided to him?
- Is the Subject of Letter (Email to him) by Employer says "Termination of Employment”
-have you ever read the Clause of Termination and Notice Period stated in his appointment letter ever or just got the knowledge by him directly.
Please answer the above posted questions which will enable forum to understand your case better and help you with best possible solutions.
Now in answer to your question, "if the employer failed to provide reasons of Termination/ Layoff, employees deserve the every right to ask for the same and until then they must not accept the "Termination /Layoff Letter".
Second, you ref the clause of termination above that the employer will provide him three months of salary, which make me feel that you both need to read that clause and the provided letter (Email) by employer, again carefully to know what it is saying actually.
Third, he must come here at CiteHR (if possible) and share his query/questions directly which will be the best things as he is the one who knows things/situation/ case better and can share with us properly, otherwise, the incomplete or wrong information can lead the discussion in wrong way which will certainly be not good for you, forum and other I believe.
Else, you must come with complete information or he needs to visit directly to the employer to get the reasons of his lost employment.
The "condition of providing three months of salary to employee by employer" cant not be applicable in Termination Process /Clause but with "Lay Off And Retrenchment " process which means he has not been terminated but due to some reason, was relieved from his services by providing notice period and compensating by employer for the loss of employment.
Now he/you have to answer the above posted questions and share complete details and must not forget the EMAIL Letter provided by employer to him and clause of TERMINATION
From India, Gurgaon
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-And as he got this termination letter by emails, so does it means he was asked for not to come office before (a day or more) mailing him Letter of Termination?
-if yes what reasons were provided by employer at that time and why hey were not inquired for the same
and
-have you read the Termination Letter provided to him?
- Is the Subject of Letter (Email to him) by Employer says "Termination of Employment”
-have you ever read the Clause of Termination and Notice Period stated in his appointment letter ever or just got the knowledge by him directly.
Please answer the above posted questions which will enable forum to understand your case better and help you with best possible solutions.
Now in answer to your question, "if the employer failed to provide reasons of Termination/ Layoff, employees deserve the every right to ask for the same and until then they must not accept the "Termination /Layoff Letter".
Second, you ref the clause of termination above that the employer will provide him three months of salary, which make me feel that you both need to read that clause and the provided letter (Email) by employer, again carefully to know what it is saying actually.
Third, he must come here at CiteHR (if possible) and share his query/questions directly which will be the best things as he is the one who knows things/situation/ case better and can share with us properly, otherwise, the incomplete or wrong information can lead the discussion in wrong way which will certainly be not good for you, forum and other I believe.
Else, you must come with complete information or he needs to visit directly to the employer to get the reasons of his lost employment.
The "condition of providing three months of salary to employee by employer" cant not be applicable in Termination Process /Clause but with "Lay Off And Retrenchment " process which means he has not been terminated but due to some reason, was relieved from his services by providing notice period and compensating by employer for the loss of employment.
Now he/you have to answer the above posted questions and share complete details and must not forget the EMAIL Letter provided by employer to him and clause of TERMINATION
From India, Gurgaon
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Dear Anil,
He is one of my friends. He received a termination letter via email with an attached letter dated 17 September 2013. The email was received on 20 September 2013.
No reason was mentioned in the termination letter; it simply stated, "Your services stand terminated with immediate effect."
The subject line read: Kind Attention: (Employee Name).
The termination clause stipulates that any party can leave by paying a three-month notice.
Thank you.
From India, Delhi
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He is one of my friends. He received a termination letter via email with an attached letter dated 17 September 2013. The email was received on 20 September 2013.
No reason was mentioned in the termination letter; it simply stated, "Your services stand terminated with immediate effect."
The subject line read: Kind Attention: (Employee Name).
The termination clause stipulates that any party can leave by paying a three-month notice.
Thank you.
From India, Delhi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf