Hello sir,
I am Amit, appointed as a Senior Sales Officer in a multinational tire company in Varanasi. I joined my service in September 2014, and my probation period was 6 months as per my appointment letter. Now, I have completed 9 months in this company and received an award for the best performance, but I have not yet received a confirmation letter. During this time, I identified some issues in my area office that were caused by the area manager. I reported these issues to the head office, but the area manager targeted me. With the assistance of the sales manager, he engaged in dirty politics to obtain my termination letter from the head office. Eventually, the company terminated my employment without any prior notice.
I seek your guidance on the legal options available to me for seeking compensation. Thank you.
From India, Kolkata
Acknowledge(0)
Amend(0)
I am Amit, appointed as a Senior Sales Officer in a multinational tire company in Varanasi. I joined my service in September 2014, and my probation period was 6 months as per my appointment letter. Now, I have completed 9 months in this company and received an award for the best performance, but I have not yet received a confirmation letter. During this time, I identified some issues in my area office that were caused by the area manager. I reported these issues to the head office, but the area manager targeted me. With the assistance of the sales manager, he engaged in dirty politics to obtain my termination letter from the head office. Eventually, the company terminated my employment without any prior notice.
I seek your guidance on the legal options available to me for seeking compensation. Thank you.
From India, Kolkata
Acknowledge(0)Amend(0)
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
Acknowledge(0)Amend(0)
236(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
Acknowledge(0)Amend(0)
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
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
Notice is a sine qua non under the relevant State Shops and Establishment Act.
You have grounds for taking up the matter legally, especially considering that the termination was a biased decision. It seems that you have discovered fraudulent activity or a default in some area during an official visit.
From India, Pune
Acknowledge(0)Amend(0)
You have grounds for taking up the matter legally, especially considering that the termination was a biased decision. It seems that you have discovered fraudulent activity or a default in some area during an official visit.
From India, Pune
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf