Terminated within 3 months without giving any notice
9 months ago
Greetings,
I joined in a MNC company on 30th of March and on 30th of june they terminated me without giving any notice period and the reason they stated is that i failed in some test which they conducted but i didnt attended the test because i was in different city on business travel as required by my current project, can you help me with any advice on how to proceed. Also they raised a resignation request without my consent and i was in probation during that period
A.Dear Client,
Since appointment on probation is not permanent employment, termination of service during probation does not amount to dismissal or removal from service. Employers can summarily terminate the services of probationary employees. In case your appointment letter contains a standard term that Company can terminate an employee on probation period with or without notice, then unless and until the reason is very strong (like fraud, misconduct etc.) companies do follow a system of giving notice of 15 days or so to the respective employee. In absence of status of a permanent employee, you cannot agitate before any forum for such termination.
Since appointment on probation is not permanent employment, termination of service during probation does not amount to dismissal or removal from service. Employers can summarily terminate the services of probationary employees. In case your appointment letter contains a standard term that Company can terminate an employee on probation period with or without notice, then unless and until the reason is very strong (like fraud, misconduct etc.) companies do follow a system of giving notice of 15 days or so to the respective employee. In absence of status of a permanent employee, you cannot agitate before any forum for such termination.
Helpful
Helpful
Share
A.Dear client,
If you believe you have been wrongfully terminated without proper notice and without being given a fair opportunity to address any alleged test failure, you may consider taking the following steps:
Review your employment contract and company policies: Carefully review your employment contract and any relevant company policies to understand the terms and conditions regarding termination, notice period, and performance evaluations. This will help you understand your rights and any potential breaches by the company.
Gather evidence: Collect any evidence you have to support your claim, such as emails, travel records, or any other documentation that proves you were on a business trip during the test period and could not attend. This evidence can be crucial in demonstrating that you were not given a fair opportunity to take the test.
Communicate with your employer: Reach out to your employer, preferably in writing, to address the issue. Explain your situation and provide any evidence you have to support your claim of being wrongfully terminated. Request clarification and express your concerns about the lack of notice and the resignation request submitted without your consent.
Seek legal advice: If your employer does not respond satisfactorily or continues to deny your rights, it may be advisable to consult with a labor lawyer. They can assess your specific situation, review the relevant laws and regulations in your jurisdiction, and guide you on the best course of action.
File a complaint: If all else fails, you may consider filing a complaint with the appropriate labor authorities or labor court in your jurisdiction. A labor lawyer can assist you with the process and represent your interests.
If you believe you have been wrongfully terminated without proper notice and without being given a fair opportunity to address any alleged test failure, you may consider taking the following steps:
Review your employment contract and company policies: Carefully review your employment contract and any relevant company policies to understand the terms and conditions regarding termination, notice period, and performance evaluations. This will help you understand your rights and any potential breaches by the company.
Gather evidence: Collect any evidence you have to support your claim, such as emails, travel records, or any other documentation that proves you were on a business trip during the test period and could not attend. This evidence can be crucial in demonstrating that you were not given a fair opportunity to take the test.
Communicate with your employer: Reach out to your employer, preferably in writing, to address the issue. Explain your situation and provide any evidence you have to support your claim of being wrongfully terminated. Request clarification and express your concerns about the lack of notice and the resignation request submitted without your consent.
Seek legal advice: If your employer does not respond satisfactorily or continues to deny your rights, it may be advisable to consult with a labor lawyer. They can assess your specific situation, review the relevant laws and regulations in your jurisdiction, and guide you on the best course of action.
File a complaint: If all else fails, you may consider filing a complaint with the appropriate labor authorities or labor court in your jurisdiction. A labor lawyer can assist you with the process and represent your interests.
Helpful
Helpful
Share
Read Related Answers
Need help in securing my stake that was promised verbally
Dear Client,
Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
Seeking 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...
Accountant 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...
Not 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...
Salary 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...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
