Illegal termination of employment
2 years ago
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.
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.
If you find my answer helpful then kindly rate me.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
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,
If you find my answer helpful then kindly rate me.
Is constructing a factory legal in local area
Experience Service letter after the termination due to unplanned absentism
EPF service overlap
Not getting my fnf amount
I have Award passed by Labour court in Refrence IDA
