Hi, I am an X-ray technician in a hospital, but the employer forced me to work in the operating theatre. I refused to do so, and a dispute has been ongoing for several days. After my refusal, the employer terminated me and instructed me not to come on duty. I have not accepted the termination yet. What are my legal rights, and what can I do next? Please suggest.
From India, Pune
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From India, Pune
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If your averments are true, your termination is an illegal one as it is devoid of procedural formalities required to be followed by an employer before terminating the services of an employee on any disciplinary ground. You can raise a dispute u/s 2 A (1) of the Industrial Disputes Act, 1947 before the Conciliation Officer for the area. However, since what you have narrated seems to be oral termination, it is imperative that you write to the employer first setting forth what all has happened actually and your intention of seeking legal remedy. Good luck.
From India, Salem
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6185From India, Salem
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Termination-emp loyment_563.pdf
Termination letter.doc