Holding experience letter & sudden termination even explained my parents health
5 months ago
First of all, thanks for the response.
I'm under a 3 years bond of an IT organization and currently working WFH. also they trained me first 4 months.
Both of my parents were severe heart patients, currently, I'm taking care by WFH option. Doctor suggested proper medications and Home O2 for 20 hours/day for my mom.
I'm asked to present for a client project (with fake experience), I accepted & requested for WFH. they refused. So, I accepted to WFO.
Later on, we had some discussion related for KT, asked me suddenly come to Chennai and stay for 14 days without any compensation, currently I'm at Coimbatore. requested and accepted for 4 days.
and I also requested to made some delay because I had a MBA exam on the same day. My HR unable to understand and said all these are my personal problems, and suddenly terminate me without any proper intimations. holding my experience certificate, salary now.
As she said, I'm violated the company terms, so they unable to provide me, asking me to pay Rs. 2Lakhs for training as in the agreement.
But, I'm ready for their assignments and I requested for some options
but, I didn't violate the terms and conditions as I just asked for some options for my parent's health and some delay for MBA exam for 2days.
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 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 within one year from the date of termination 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 towards illegal termination.
Read out the specific legalities concerning your employment contract, any clauses related to termination, and the enforceability of the bond terms. It is crucial to maintain all the communication records and documentation related to your employment, including your contract, emails, and any other relevant evidence.
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