Termination
6 months ago
I was terminated from my job without giving any notice because the company management had selected me wrongly. My probation period was six months and I worked here for 1 yr one month. They also provided me increament after 1 year of joining. Now they told me i was in probation, so they can terminate me without giving any notice. But i never got any probation extension Letter from them. Also my performance during probation was good, told by my officer. What can i do now and how can I handle this problem please help me. They told me that it was completely their officers fault.
A.Dear Client,
When an employer intends to change the service condition of an employee, he is required to give a notice under Sec.9 of the I D Act, 1947 to the concerned employee. In the absence of such a notice, the employer cannot change ex-parte, the service condition or contents of the earlier offer letter outrightly, which will be treated as a violation or breach of mandatory provision of the Act and cannot be enforceable on the contest and also termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So, in absence of notice extension of your probation period, you are automatically absorbed in the permanent roll of the Company and moreover service linked increament is limited to permanent employee only. Regardless of status of employment probationer or permanent, an employee deserves a notice of termination or pay in lieu of notice either u/s.25N of the Industrial Dispute Act, 1947 or under clause 13(1) of the model standing orders applicable in an establishment in the absence of certified Standing Orders issued under the Industrial Employment Standing Order Act, 1946, Sec.25F or 25N of the I D Act that laid down the compliance of the conditions precedent to retrenchment or termination of an employee or workman who renders more than one year of service in an organization. Accordingly 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, in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. You alao need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming your F & F dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
When an employer intends to change the service condition of an employee, he is required to give a notice under Sec.9 of the I D Act, 1947 to the concerned employee. In the absence of such a notice, the employer cannot change ex-parte, the service condition or contents of the earlier offer letter outrightly, which will be treated as a violation or breach of mandatory provision of the Act and cannot be enforceable on the contest and also termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So, in absence of notice extension of your probation period, you are automatically absorbed in the permanent roll of the Company and moreover service linked increament is limited to permanent employee only. Regardless of status of employment probationer or permanent, an employee deserves a notice of termination or pay in lieu of notice either u/s.25N of the Industrial Dispute Act, 1947 or under clause 13(1) of the model standing orders applicable in an establishment in the absence of certified Standing Orders issued under the Industrial Employment Standing Order Act, 1946, Sec.25F or 25N of the I D Act that laid down the compliance of the conditions precedent to retrenchment or termination of an employee or workman who renders more than one year of service in an organization. Accordingly 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, in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. You alao need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming your F & F dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
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A.Dear Client,
Firstly, we need to review your employment contract and any accompanying documents, such as offer letters and company policies. These documents will outline the terms and conditions of your employment, including any provisions related to the probationary period and termination. Collect any evidence that can support your case. This might include performance evaluations, emails, messages, or other communications that indicate your satisfactory performance during the probationary period. If you never received a formal notice of extension of your probation, this could also be relevant. If you believe that your termination was unjust and you're unable to reach an agreement with your former employer, you can file a complaint with the labor authorities in your area. You may choose to pursue legal action against your former employer for wrongful termination. This could involve seeking reinstatement, back pay, or other forms of compensation.
Firstly, we need to review your employment contract and any accompanying documents, such as offer letters and company policies. These documents will outline the terms and conditions of your employment, including any provisions related to the probationary period and termination. Collect any evidence that can support your case. This might include performance evaluations, emails, messages, or other communications that indicate your satisfactory performance during the probationary period. If you never received a formal notice of extension of your probation, this could also be relevant. If you believe that your termination was unjust and you're unable to reach an agreement with your former employer, you can file a complaint with the labor authorities in your area. You may choose to pursue legal action against your former employer for wrongful termination. This could involve seeking reinstatement, back pay, or other forms of compensation.
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