Illegal termination by employer
9 months ago
My employer has terminated me without any warning or notice period, also hold my salary and previous month's expenses. I am seeking legal advice to get my money back as I am undergoing metal stress and financial problems due to sudden loss of job.
A.Dear Client,
An employee is governed by the terms and conditions of the contract of employment. No employer can terminate or retrench an employee without notice or pay in lieu of notice. Moreover, 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. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
An employee is governed by the terms and conditions of the contract of employment. No employer can terminate or retrench an employee without notice or pay in lieu of notice. Moreover, 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. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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A.Dear client,
Here are the following remedies available.
Civil Remedies Against Illegal Termination of Employment India
Suit for Declaration - In case of illegal termination of employment India, suit for declaration may be instituted in the civil court of jurisdiction under the Industrial Employment Standing Orders Act, 1946 and Industrial Disputes Act, 1947.
Suit for Recovery - The employee illegally retrenched/ terminated from employment may file a suit for recovery of money[4] to recover the due salary, bonus, incentives or notice amount, as the case may be.
Suit for Damages - Since wrongful termination of an employee is not a casual topic, the person so wronged suffers a lot. Hence, he may file a suit for losses incurred such as financial losses, mental harassment, loss of reputation, loss of opportunities to fetch a new job.
Criminal Law Remedies Against Firing From Job
IPC 294 - If misbehaves and uses obscene language
IPC 406 - Criminal breach of trust if salary not paid or personal belongings held
IPC 420 - Gross cheating, i.e. made employee work in the absence of any offer letter, wages, etc.
IPC 504 - Intentionally insulting or commenting provocatively
IPC 506 - Criminal intimidation
IPC 509 - Comments or acts having sexual color against the female employee along with sexual harassment at workplace
Here are the following remedies available.
Civil Remedies Against Illegal Termination of Employment India
Suit for Declaration - In case of illegal termination of employment India, suit for declaration may be instituted in the civil court of jurisdiction under the Industrial Employment Standing Orders Act, 1946 and Industrial Disputes Act, 1947.
Suit for Recovery - The employee illegally retrenched/ terminated from employment may file a suit for recovery of money[4] to recover the due salary, bonus, incentives or notice amount, as the case may be.
Suit for Damages - Since wrongful termination of an employee is not a casual topic, the person so wronged suffers a lot. Hence, he may file a suit for losses incurred such as financial losses, mental harassment, loss of reputation, loss of opportunities to fetch a new job.
Criminal Law Remedies Against Firing From Job
IPC 294 - If misbehaves and uses obscene language
IPC 406 - Criminal breach of trust if salary not paid or personal belongings held
IPC 420 - Gross cheating, i.e. made employee work in the absence of any offer letter, wages, etc.
IPC 504 - Intentionally insulting or commenting provocatively
IPC 506 - Criminal intimidation
IPC 509 - Comments or acts having sexual color against the female employee along with sexual harassment at workplace
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