Company Cheated and Now Terminating Services
8 months ago
Sir, I joined the company just a month ago. The company has not given us complete information before joining. They told us that they provide service to the customer. We asked him what would happen after completing the project—will you fire us or what? They said they have more projects to do, so they will assign new projects to us. That is why they have not taken us on contract, but on company payroll. But exactly one month later, they sent a Service Discontinue email on August 5th, and the last working day would be August 31st. But as per our offer letter, it is clearly mentioned that the company shall terminate our appointment by giving a notice period of one month or payment in lieu thereof. But now the management is not accepting it. Please help in this matter.
Despite the transparent and specific provision in the offer letter, when the employer is not abiding by the terms of the offer letter it amounted to a breach of contract and illegal termination of an employee from a job or service without serving a 30 days notice in compliance of Clause 13(1) of model Standing Orders applicable in an establishment in absence of certified Standing Orders under Industrial Employment(Standing Orders) Act, 1946. 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 action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may 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 serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
Here are some potential legal remedies that individuals might consider in employment-related disputes under Indian laws:
Negotiation and Communication: As a first step, try to resolve the issue through open communication with your employer's HR department or management. Sometimes, disputes can be resolved amicably without resorting to legal action.
Labor Authorities and Tribunals: India has various labor authorities and tribunals at the state and central levels. These bodies handle disputes related to wages, working conditions, termination, and other employment matters. Depending on the nature of your case, you might be able to file a complaint with these authorities for resolution.
Payment of Gratuity Act, 1972: If you are eligible for gratuity as per this Act and your employer is not paying it as required, you can approach the appropriate authorities to claim your gratuity payment.
Industrial Disputes Act, 1947: This Act provides mechanisms for resolving disputes between employers and employees. It covers matters related to retrenchment, layoffs, and closure of establishments.
Employment Contracts: If your employment contract includes a notice period and your employer is not honoring it, you might have a breach of contract claim. You can seek legal remedies to enforce the terms of the contract.
Payment of Wages Act, 1936: If your employer is not paying your wages correctly or is delaying wage payments, you can file a complaint under this Act to claim your unpaid wages.
Wrongful Termination: If you believe you were terminated without just cause or in violation of employment laws, you might have grounds for a wrongful termination claim.
Thanks
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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