Firing by company of all employee working in one project
6 months ago
I have been working remotely since 7 months in my company and it was a new project in our company. We have had issues with sudden firing of our colleagues earlier but no one raise voice now company is stating that we have lost the project and if we want to work we can come to chennai and work in other projects but on the same salary. They are indirectly firing all of our project employees. I want to file case against this injustice as we have had many issues in this company but we kept working. Where can I contact to get advice for this matter?
A.Dear Client,
If an employee has an employment contract/bond, whether written or oral, express or implied, that contract may limit the employer's ability to terminate the employee. If an employment contract exists, an employer must treat the employee fairly and fire the employee only for "good cause." Regardless of what type of contract an employer has with the employee, that contract will obligate an employer to treat an employee fairly. This obligation is called the covenant of good faith and fair dealing. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee. In view of the above, in the absence of any good cause and statutory notice before termination and withholding of salary and relieving letter will be treated as illegal termination and unfair labour practice on the part of the employer. So, in the prevailing situation, if you all are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company for illegal termination and for further guidance and steps in the matter.
If an employee has an employment contract/bond, whether written or oral, express or implied, that contract may limit the employer's ability to terminate the employee. If an employment contract exists, an employer must treat the employee fairly and fire the employee only for "good cause." Regardless of what type of contract an employer has with the employee, that contract will obligate an employer to treat an employee fairly. This obligation is called the covenant of good faith and fair dealing. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee. In view of the above, in the absence of any good cause and statutory notice before termination and withholding of salary and relieving letter will be treated as illegal termination and unfair labour practice on the part of the employer. So, in the prevailing situation, if you all are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company for illegal termination and for further guidance and steps in the matter.
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A.Dear Client,
Firstly, review your employment contract to understand the terms and conditions, including provisions related to termination, notice periods, and any other relevant clauses. Secondly, keep detailed records of any incidents, communications, or actions that you believe are unjust or discriminatory. This documentation can be valuable if you decide to take legal action. Further, you can reach out to the local labor department or the labor commissioner's office in your state to discuss your concerns. You may also consider taking legal action, such as filing a lawsuit for wrongful termination or unfair labor practices
Firstly, review your employment contract to understand the terms and conditions, including provisions related to termination, notice periods, and any other relevant clauses. Secondly, keep detailed records of any incidents, communications, or actions that you believe are unjust or discriminatory. This documentation can be valuable if you decide to take legal action. Further, you can reach out to the local labor department or the labor commissioner's office in your state to discuss your concerns. You may also consider taking legal action, such as filing a lawsuit for wrongful termination or unfair labor practices
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