Hi, I was working for a company for more than 1 and a half years in Karnataka. Recently, I received a Termination letter from the company, surprisingly without mentioning any specific reason for termination. What I can think of the reason would be that on 18/04/2019, which was the voting day, the company did not declare a holiday as per Section 135B(1) in The Representation of the People Act, 1951, so I opposed the same and went for Voting.
Another reason I can think of is they hired a person with a lower package so they terminated my job. Upon getting an email of the Termination letter from the company, I tried to speak to the Director/Owner of the company who avoided talking to me. So far these people have not clarified any reason for terminating my employment.
At the time of joining, in the email, they confirmed that the contract would be for 2 years with a 2-month notice period, and they would provide me the joining letter with the same terms. However, on the very first day of joining, they provided the joining letter with a 3-month contract and 3 months notice.
This company does not follow the rules applicable as per The Karnataka Shops and Establishment Act at all. I would really appreciate it if someone could suggest the action I can take against the company and the compensation I can get from the company.
Thanks
From India, Bengaluru
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Another reason I can think of is they hired a person with a lower package so they terminated my job. Upon getting an email of the Termination letter from the company, I tried to speak to the Director/Owner of the company who avoided talking to me. So far these people have not clarified any reason for terminating my employment.
At the time of joining, in the email, they confirmed that the contract would be for 2 years with a 2-month notice period, and they would provide me the joining letter with the same terms. However, on the very first day of joining, they provided the joining letter with a 3-month contract and 3 months notice.
This company does not follow the rules applicable as per The Karnataka Shops and Establishment Act at all. I would really appreciate it if someone could suggest the action I can take against the company and the compensation I can get from the company.
Thanks
From India, Bengaluru
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Dear Friend,
Under The Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee that has been with the enterprise for more than six months, except for a ‘reasonable cause’. In addition, an employer must provide a one month notice. If misconduct is the cause for termination, no notice or associated payoff is required.
As you have completed 1 year with organisation they need to pay 1 month notice period else 1 Month Pay, This company violated the law without giving any proper explanation, so you have the full right to go legal process.
From India, Mumbai
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454Under The Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee that has been with the enterprise for more than six months, except for a ‘reasonable cause’. In addition, an employer must provide a one month notice. If misconduct is the cause for termination, no notice or associated payoff is required.
As you have completed 1 year with organisation they need to pay 1 month notice period else 1 Month Pay, This company violated the law without giving any proper explanation, so you have the full right to go legal process.
From India, Mumbai
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I may add, if the 'cause of action' is reliably known as 'you went for voting' you may as well lodge a complaint with the Election Commission of India at the Bangalore office itself and give it a try from this angle. Arrange to issue a notice asking them to mention clearly what prompted them to terminate your services. Depending on the reply forthcoming, you may decide the next course of action. Are you still on probation?
From India, Bangalore
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From India, Bangalore
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Thanks for your replies.
Following are the further facts of the case. The company never follows any rules for holidays. They even cheat their clients.
I worked for this company for more than a year and a half. At the end of the first year, when I asked for credit, they said that the company does not give any credit for earned leave even after the first year has expired.
They do not allow national holidays like 15th August, 26th January, or 2nd October.
The HR and the Directors are deceitful people who always lie. They do not communicate with employees once they submit their resignation. I am in touch with some ex-employees who were mistreated when they left.
From India, Bengaluru
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Following are the further facts of the case. The company never follows any rules for holidays. They even cheat their clients.
I worked for this company for more than a year and a half. At the end of the first year, when I asked for credit, they said that the company does not give any credit for earned leave even after the first year has expired.
They do not allow national holidays like 15th August, 26th January, or 2nd October.
The HR and the Directors are deceitful people who always lie. They do not communicate with employees once they submit their resignation. I am in touch with some ex-employees who were mistreated when they left.
From India, Bengaluru
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Dear Friend,
In my opinion, it is better to leave such an organization and come out of that environment to start looking for a new job where you feel comfortable. When we consider a company's work culture and even their long-term goals, clarity may be lacking. Therefore, working with such an organization may not support your career growth.
Thank you.
From India, Mumbai
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In my opinion, it is better to leave such an organization and come out of that environment to start looking for a new job where you feel comfortable. When we consider a company's work culture and even their long-term goals, clarity may be lacking. Therefore, working with such an organization may not support your career growth.
Thank you.
From India, Mumbai
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Published_draft _rules_on Employees_ compensation 3.6.2020.pdf