Notice period Notice period

9 months ago

Hi sir am in notice period. My boss threatening me to terminate me before last day. Can a company terminate an employee if he serving his notice period?

Anik

Responded 9 months ago

View All Answers
A.Dear client,
No, a company cannot threaten to terminate you unless and until it has a valid reason. Please file a complaint before the labour commissioner to have your grievance redressed
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
No, not at all. When you tendered your resignation following the conditions of the contract of employment with notice and you are serving a notice period then on the expiry of the notice period, the employer or Company is duty-bound to issue the relieving letter and disbursement of your F & F Settlement dues. So, if at the fag end of the notice period if the Employer threatens to terminate or retrench you from service, then such an act on the part of the employer shall be termed as victimization and unfair labour practice if the matter is litigated before the appropriate authority or Labour Court. In the absence of compliance with the mandatory provisions of Section.25F and 25N of the Industrial Dispute Act, 1947, no employer can terminate or retrench an employee from any establishment. In the prevailing situation, reach out to the office of the Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves the victimization of an employee and unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, under Shops & Establishment of the respective State for redressal of your grievance. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
question iconLess Full and final settlement
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...