Dear All, One of my colleagues lost his job due to this COVID 19. The management terminated him with the reason for reducing the manpower due to this current situation. But they have not given a termination letter to him. Is it mandatory to provide a termination letter to him? Please note the management stopped him due to this COVID 19 situation only not about his performance. Any legal terms help him to get a termination Letter. Kindly advise and thanks in advance.
From India, Coimbatore
From India, Coimbatore
It is incumbent to issue apropr Releiving Letter to the Person whose Employment/Service is Terminated by Employer for any reason whatsoever so that the concer Person can Seek and Secure Suitable Employment elsewhere, for i is a Fundamental Right of any Person to pursue any Profession, Avocation for her/his SUBSISTENCE.
Kritarth Team, 29.7.20
From India, Delhi
200Kritarth Team, 29.7.20
From India, Delhi
Dear Aravindh Jt ,
In order to answer your query, you need to furnish the following details
a) Whether you colleague is working in a manufacturing unit/factory or a service organisation and if so in what capacity he is working ( ie, managerial or Supervisory or workman cadre)
Irrespective the nature of operation of the establishment or reasons peculiar to covid-19 situation, an employee cannot be terminated just like that ,that too without issuing a termination letter. I the absence of a letter of termination which again is disputable in terms o flaw, you are deemed to continue in service .
You are legally entitled to and the employer is bound to issue termination letter .
You need to submit a letter to your employer stating that you have been stopped from reporting from work arbitrarily without a valid reason in writing and such acts tantamount to capricious and colourable exercise on the part of employer and caution him that unless a termination letter is issued in writing, you would take recourse to legal means to pursue your case.
If the letter is sent through an advocate , it will have serious effect in fetching the desired objective ( Termination letter ).
The reply from the employer may keep you in good stead if you desire to have only a termination letter so as to look for a fresh avocation/job
and/or
if your intention is to raise a dispute /case against the employer , perhaps the termination letter or reply from the employer to advocate's letter / notice would be documentary material to strengthen your case.
( PS : wherever the word "you" used above , refers to your colleague which please note)
Panchsen
9884009193
From India, Chennai
In order to answer your query, you need to furnish the following details
a) Whether you colleague is working in a manufacturing unit/factory or a service organisation and if so in what capacity he is working ( ie, managerial or Supervisory or workman cadre)
Irrespective the nature of operation of the establishment or reasons peculiar to covid-19 situation, an employee cannot be terminated just like that ,that too without issuing a termination letter. I the absence of a letter of termination which again is disputable in terms o flaw, you are deemed to continue in service .
You are legally entitled to and the employer is bound to issue termination letter .
You need to submit a letter to your employer stating that you have been stopped from reporting from work arbitrarily without a valid reason in writing and such acts tantamount to capricious and colourable exercise on the part of employer and caution him that unless a termination letter is issued in writing, you would take recourse to legal means to pursue your case.
If the letter is sent through an advocate , it will have serious effect in fetching the desired objective ( Termination letter ).
The reply from the employer may keep you in good stead if you desire to have only a termination letter so as to look for a fresh avocation/job
and/or
if your intention is to raise a dispute /case against the employer , perhaps the termination letter or reply from the employer to advocate's letter / notice would be documentary material to strengthen your case.
( PS : wherever the word "you" used above , refers to your colleague which please note)
Panchsen
9884009193
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Labr laws for Vendor compliance Management.pdf
Stress management.ppt