My company terminated me without giving prior notice or salary in leu, by stating that the project is going to ramp down. I have completed my probation period as well, so is this legal or illegal. Please help me out
From India, New Delhi
From India, New Delhi
Termination has to be done as per offer or appointment letter. Normally salary in lieu or notice period us the norm.
From India, Pune
3131From India, Pune
Hi Dheeren,
You should go back to your offer letter/ employment contract and refer to the termination clause. Normally, employers can not fire employees without service notice (as may be provided in the contract) or paying salary in lieu of notice. What does your employment agreement provide? Also see for circumstances in which companies can fire an employee immediately. Sometimes, the clauses provide for immediate dismissal upon happening of an event, e.g. insubordination by employee, etc. Having said that, employers may resort to firing immediately when there is such reasonable cause, but not dismiss arbitrarily. If it is an arbitrary dismissal, you have to seek legal remedies.
Best,
Meera Kaura Patel
Partner, LawCircle
Email:
From India, Delhi
You should go back to your offer letter/ employment contract and refer to the termination clause. Normally, employers can not fire employees without service notice (as may be provided in the contract) or paying salary in lieu of notice. What does your employment agreement provide? Also see for circumstances in which companies can fire an employee immediately. Sometimes, the clauses provide for immediate dismissal upon happening of an event, e.g. insubordination by employee, etc. Having said that, employers may resort to firing immediately when there is such reasonable cause, but not dismiss arbitrarily. If it is an arbitrary dismissal, you have to seek legal remedies.
Best,
Meera Kaura Patel
Partner, LawCircle
Email:
From India, Delhi
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