Terminated immediately without notice period & applied “No work – No Pay rule
7 months ago
I was working for 2 years as a contractual in govt. department. One day (27 April 2022) information came that the Facebook link on the official website was wrong. Someone, somewhere (we don't know the person), added the Kisan Andolan matter on Facebook.
Facebook account maintenance and looking work was not in my job profile, but the dept. project manager blamed me and with the help of the Director General, they terminated me on the same day (27 April 2022). They relieved me immediately without giving me a notice period and giving me a chance to defend myself.
after one month I filed the RTI. To date, they haven't provided me with any answer/information about my RTI.
In August 2023, the department told me to join as a fresher.
Question-1): If I join as a fresher in the same department, then am I able to claim my previous benefits and job continuity?
Question-2): Is the "No Work - No Pay" rule applied to me for that period?
Please guide me.
1. To claim the previous employment experience and benefit you will have to look at the service rules of the organization.
2. Again it depends on the contract that you entered into and also the service rules.
As regards your question no.1) The answer is NO. The term 'Fresher' itself means fresh or afresh, you will not be entitled to the service-linked benefits of your earlier service. Moreover, in fixed-term contractual employment, the service-linked benefits are not carried over if the contract is not renewed further by the employer. As regards question no.2) since you rendered no work and remained idle following the order of termination during the intervening period, you are not eligible for any remuneration for the said period applying the rule of No Work, No Pay. Further, it may be noted that irrespective of the nature of employment i.e, contractual, casual, or probationer, an employee deserves notice from his employer before his termination from employment or pay in lieu of notice even if it is not expressly mentioned in your contract of employment.
Less Full and final settlement
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Regarding obc NCL reservation
Contractual Employer deducting PF
Pf overlapped and now jobless
