Termination without notice
8 months ago
Joined before 5yrs 9 month back at an private limited company and company didn't give offer letter and after these years of service, employer terminated employee without notice and compensation. How can an employee gets his right as per law. Please state procedure.
A.Dear Client,
In the absence of an offer letter or contract of employment, it is difficult to establish your relationship with the employer and claim the benefits available on termination without serving a notice or pay in lieu of notice as provided under the relevant laws. However, apart from the offer letter, if you got any salary slip, EPF contribution statement, ESI ID Card or ay other documents that prove your relationship with the employer, then you serve a legal notice against the illegal termination and withholding the Full and final settlement dues payable on cessation of employment and 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.
In the absence of an offer letter or contract of employment, it is difficult to establish your relationship with the employer and claim the benefits available on termination without serving a notice or pay in lieu of notice as provided under the relevant laws. However, apart from the offer letter, if you got any salary slip, EPF contribution statement, ESI ID Card or ay other documents that prove your relationship with the employer, then you serve a legal notice against the illegal termination and withholding the Full and final settlement dues payable on cessation of employment and 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.
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A.Dear client,
You can follow the below steps:
1. Approach the Labour Commissioner: can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract is attached to the complaint filed before the labour commissioner.
You can follow the below steps:
1. Approach the Labour Commissioner: can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract is attached to the complaint filed before the labour commissioner.
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