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Industrial Laws

Illegal termination of employment

Dear friends Request your kind help Company issued Show cause notice with allegations without any evidence. When employee proved allegations are incorrect the company issued termination letter mentioning clause "Either party can terminate this employment agreement by providing a written notice or payment of basic pay in lieu of such notice to the other party" Is such termination letter in labour court acceptable. No domestic enquiry held by employer. Though the ground for termination was show cause notice the company never mentioned allegations in termination letter. Company is MNC & No certified standing order of company is available.

( Pune, Maharashtra )

3 years ago

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If you were not working in the managerial category then you can approach the Labor Commissioner and lodge a complaint against the company but if you are at managerial level then you are not covered under the Labour laws and you will have to move the civil court for wrongful termination and file a civil case for breach of contract.
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The type of termination letter might be acceptable but there might have been some kind of misconduct when the company has served a notice without any evidence. You can refer your dispute to the State Employment Redressal forum or file a suit before the NCLT.
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You can serve your employer a legal notice for a breach in procedure for termination of services. You also have the additional liberty to file a suit before the NCLT of your jurisdiction regarding illegal termination of employment,
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