Dear All,
One of my colleagues lost his job due to COVID-19. The management terminated him, citing the need to reduce manpower in the current situation. However, they have not provided him with a termination letter. Is it mandatory to provide a termination letter in this case? Please note that the termination was solely due to the COVID-19 situation and not related to his performance. Are there any legal terms that could help him obtain a termination letter? Your advice is appreciated. Thank you in advance.
From India, Coimbatore
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One of my colleagues lost his job due to COVID-19. The management terminated him, citing the need to reduce manpower in the current situation. However, they have not provided him with a termination letter. Is it mandatory to provide a termination letter in this case? Please note that the termination was solely due to the COVID-19 situation and not related to his performance. Are there any legal terms that could help him obtain a termination letter? Your advice is appreciated. Thank you in advance.
From India, Coimbatore
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It is incumbent to issue an appropriate relieving letter to the person whose employment/service is terminated by the employer for any reason whatsoever. This allows the concerned person to seek and secure suitable employment elsewhere, as it is a fundamental right of any person to pursue any profession or vocation for their subsistence.
Kritarth Team, 29.7.20
From India, Delhi
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214Kritarth Team, 29.7.20
From India, Delhi
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Dear Aravindh Jt,
In order to answer your query, you need to furnish the following details:
a) Whether your colleague is working in a manufacturing unit/factory or a service organization and if so, in what capacity he is working (i.e., managerial, supervisory, or workman cadre).
Irrespective of the nature of operation of the establishment or reasons peculiar to the Covid-19 situation, an employee cannot be terminated just like that, that too without issuing a termination letter. In the absence of a letter of termination, which again is disputable in terms of flaw, you are deemed to continue in service.
You are legally entitled to and the employer is bound to issue a termination letter.
You need to submit a letter to your employer stating that you have been stopped from reporting to work arbitrarily without a valid reason in writing and such acts amount to a capricious and colorable exercise on the part of the employer. 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 a 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 to look for a fresh avocation/job.
If your intention is to raise a dispute/case against the employer, perhaps the termination letter or reply from the employer to the advocate's letter/notice would be documentary material to strengthen your case.
(PS: Wherever the word "you" is used above, it refers to your colleague, which please note.)
Panchsen
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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In order to answer your query, you need to furnish the following details:
a) Whether your colleague is working in a manufacturing unit/factory or a service organization and if so, in what capacity he is working (i.e., managerial, supervisory, or workman cadre).
Irrespective of the nature of operation of the establishment or reasons peculiar to the Covid-19 situation, an employee cannot be terminated just like that, that too without issuing a termination letter. In the absence of a letter of termination, which again is disputable in terms of flaw, you are deemed to continue in service.
You are legally entitled to and the employer is bound to issue a termination letter.
You need to submit a letter to your employer stating that you have been stopped from reporting to work arbitrarily without a valid reason in writing and such acts amount to a capricious and colorable exercise on the part of the employer. 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 a 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 to look for a fresh avocation/job.
If your intention is to raise a dispute/case against the employer, perhaps the termination letter or reply from the employer to the advocate's letter/notice would be documentary material to strengthen your case.
(PS: Wherever the word "you" is used above, it refers to your colleague, which please note.)
Panchsen
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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