If a company immediately fires an employee and then, after three days, calls them back to sit at the security gate to complete the notice period, what should the employee do in such a situation? Please provide guidance.
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Understanding Immediate Termination
What do you mean by immediately firing? Is it terminating without notice? Then why should the employee go and sit in the security cabin to complete the notice period?
If the employer has terminated an employee without notice, the remedy is to approach the Labour Officer. The employee should not go to the factory gate every day. Instead, let him go to the Labour Office just one day and submit a complaint for illegal termination.
From India, Kannur
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4519What do you mean by immediately firing? Is it terminating without notice? Then why should the employee go and sit in the security cabin to complete the notice period?
If the employer has terminated an employee without notice, the remedy is to approach the Labour Officer. The employee should not go to the factory gate every day. Instead, let him go to the Labour Office just one day and submit a complaint for illegal termination.
From India, Kannur
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The intelligent person will avoid the call and avoid signing anything. In case of any force, the person can do the FIR to get rid of the situation.
From India, Mumbai
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From India, Mumbai
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I think you mean the company terminated the employment but is asking the employee to report during the notice period. The action of the company is not well-thought-out.
What is the benefit of making him report?
They can always pay his salary during the notice period and inform him he need not come and that he will still get paid. That way, he can spend the notice period looking for a job or attending interviews.
But if he has been called, and the employee does not report, the company can claim he did not finish the notice period and not pay. The matter will then be settled by courts, which are expensive for both sides.
Incidentally, what is your position in this?
From India, Mumbai
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What is the benefit of making him report?
They can always pay his salary during the notice period and inform him he need not come and that he will still get paid. That way, he can spend the notice period looking for a job or attending interviews.
But if he has been called, and the employee does not report, the company can claim he did not finish the notice period and not pay. The matter will then be settled by courts, which are expensive for both sides.
Incidentally, what is your position in this?
From India, Mumbai
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Dear all,
I would like to seek your guidance regarding an issue of unfair termination. One of my colleagues has been dismissed from his job without any prior notice. The management conducted an unjust investigation and accused him of misconduct.
Furthermore, the company has not provided him with:
- Notice period pay
- Severance package
- Gratuity amount
- Bonus
- Leave encashment
I would appreciate your advice on the appropriate steps to take to either claim the rightful compensation or explore the possibility of reinstating his position.
Looking forward to your guidance.
From India, Charkhi+Dādri
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I would like to seek your guidance regarding an issue of unfair termination. One of my colleagues has been dismissed from his job without any prior notice. The management conducted an unjust investigation and accused him of misconduct.
Furthermore, the company has not provided him with:
- Notice period pay
- Severance package
- Gratuity amount
- Bonus
- Leave encashment
I would appreciate your advice on the appropriate steps to take to either claim the rightful compensation or explore the possibility of reinstating his position.
Looking forward to your guidance.
From India, Charkhi+Dādri
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Legal Notice for Breach of Notice Period .docx
Dinesh Divekar
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