Is it legal to terminate employee who is working in the company more than 25yrs
2 years ago
Hello, my father is working with a Pvt ltd company from past 25 years, but now they're showing some paper and telling my father to leave the company intact he is just 57 yrs old, it is not his retirement time any suggestion kindly suggests.
Thanks in advance
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
There are several labor laws in India against wrongful termination of employment. If the wrongful termination is done on the basis of discrimination due to age, gender, race, caste, etc., it is a violation of the fundamental rights of a person given under the Indian Constitution. You can directly file a writ before the High Court or can even refer to your dispute to the labour forum.
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You have to refer to the employment contract first and search if any such clause is warranting one-sided termination of employment. You can register a complaint before the labour commissioner and go for a dispute resolution or even approach the labour court.
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A.It seems to be a wrongful and forceful termination. Does your father have a employment contract letter or offer letter from them which mentions anything about the termination? If yes then look into the termination clause and see whether they are doing it as per the rule/law or no. If not then you can file case for wrongful termination.
If there is no offer letter then your father can approach the Labour Commissioner of the area/city and lodge a complain for wrongful termination.
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