Dear Seniors,
An employee is terminated form his services, stating that reference to clause that employer is ready to pay the three months of salary as per the terms and conditions of appointment letter.
Termination letter is sent through the mail with attached back dated latter.
Before this email of termination, no written communication has happened, this was the sudden decision. the employee is the junior most person in hierarchy.
Now question is that can employee ask the reason of termination that in which ground he has been terminated without any kind of inquiry/communication. can he file a legal suite against the employer?
From India, Delhi
An employee is terminated form his services, stating that reference to clause that employer is ready to pay the three months of salary as per the terms and conditions of appointment letter.
Termination letter is sent through the mail with attached back dated latter.
Before this email of termination, no written communication has happened, this was the sudden decision. the employee is the junior most person in hierarchy.
Now question is that can employee ask the reason of termination that in which ground he has been terminated without any kind of inquiry/communication. can he file a legal suite against the employer?
From India, Delhi
YES. The employee has all the right to ask the reason for his termination. Before terminating any employee on disciplinary grounds, the organisation must conduct the Inquiry and on the basis of the inquiry the employee must be issued with a letter for termination of services.
The terminated employee can render legal remedy either approaching the labour commissioner of his jurisdiction or in the Court of law. Where to approach will be decided, based on the level of his employment.
From India, Kumbakonam
1168The terminated employee can render legal remedy either approaching the labour commissioner of his jurisdiction or in the Court of law. Where to approach will be decided, based on the level of his employment.
From India, Kumbakonam
Mr. Bhasker,
But the employer is ready to pay the three months of notice pay, as they mentioned in appointment letter.
But termination was without any reason with immediate effect.
Can employee challenge this in labour court?
From India, Delhi
But the employer is ready to pay the three months of notice pay, as they mentioned in appointment letter.
But termination was without any reason with immediate effect.
Can employee challenge this in labour court?
From India, Delhi
-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
-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
Dear Anil,
1. He is one of my friend.
2. He got termination letter through email attached letter dated 17 September 2013, mail was received on 20 September 2013
3. No reason was mentioned in termination as it was "your services stand terminated with immediate effect"
4. Subject was: Kind Attention: (Employee Name)
5. Termination clause says that any party can leave with paying the three months of notice.
From India, Delhi
1. He is one of my friend.
2. He got termination letter through email attached letter dated 17 September 2013, mail was received on 20 September 2013
3. No reason was mentioned in termination as it was "your services stand terminated with immediate effect"
4. Subject was: Kind Attention: (Employee Name)
5. Termination clause says that any party can leave with paying the three months of notice.
From India, Delhi
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