Hello sir,
I am amit appointed as a sr. sales officer in a multi national tyre company in varanasi. i have joined my service in September 2014 and my probation period was 6 month as per my appointment letter. Now i have completed 9 month in this company and got award for the best performance but still i have not found confirmation letter. in this time period i had found some defaults in my area office which was done by the area manager and i complained to head office but area manager had targeted me and with the help of sales manager played dirty politics to bring my termination letter from head office and finally company has given me termination letter without any notice.
now help me and tell about the legal way that what can i do by the legal way for the compensation.
From India, Kolkata
I am amit appointed as a sr. sales officer in a multi national tyre company in varanasi. i have joined my service in September 2014 and my probation period was 6 month as per my appointment letter. Now i have completed 9 month in this company and got award for the best performance but still i have not found confirmation letter. in this time period i had found some defaults in my area office which was done by the area manager and i complained to head office but area manager had targeted me and with the help of sales manager played dirty politics to bring my termination letter from head office and finally company has given me termination letter without any notice.
now help me and tell about the legal way that what can i do by the legal way for the compensation.
From India, Kolkata
You have stated that you were working in Varanasi in a company for last 9 months but you have been given termination letter without any notice. You are governed by the U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 and under section 19 of it no employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—
(i) the post held by him has been retrenched; or
(ii) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health,
and he has been served with a notice in writing containing the grounds of discharge. The notice
shall be for a period of not less than thirty days, or such longer period as may be required under
the terms of employment.
Since these statutory conditions of grounds of discharge and one month’s notice have not been complied with, the termination is illegal. You may approach the authorities under the said Act for appropriate relief.
Thanks
Sushil
From India, New Delhi
221(i) the post held by him has been retrenched; or
(ii) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health,
and he has been served with a notice in writing containing the grounds of discharge. The notice
shall be for a period of not less than thirty days, or such longer period as may be required under
the terms of employment.
Since these statutory conditions of grounds of discharge and one month’s notice have not been complied with, the termination is illegal. You may approach the authorities under the said Act for appropriate relief.
Thanks
Sushil
From India, New Delhi
I second Mr. Sushil, since there was no formal communication with regards to extension of probation it is deemed to be confirmed. You are liable for Notice Period/Pay
From India, Ahmadabad
From India, Ahmadabad
Notice is a sine qua non under the relevant State Shops and establishment act.
You have got grounds for taking up the matter legally and also added to the fact that termination was a biased decision since you apparently have discovered some fraudulent activity or default in some area which you had visited in official capacity.
From India, Pune
You have got grounds for taking up the matter legally and also added to the fact that termination was a biased decision since you apparently have discovered some fraudulent activity or default in some area which you had visited in official capacity.
From India, Pune
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf