Miss anonymous 123
3 months ago
I joined this company a month ago on contract basis for wfh. They asked me to come for a week trial before joining. Last week the manager asked me come and work from office for few days, I refused stating that I have signed up for wfh. Now they have suddenly said they r canceling the agreement. They are not giving me a notice period even though agreement says both parties hav to give 30 day notice. But thr same agreement also mentions that the company can cancel the agreement if I don't perform my duties. While I have delivered all my work, they are claiming the manager is unhappy with my work. I know that all this stemmed from the ego when I refused to go to office and work for few days when they requested last week. So what action can I take so that they pay me for 30 days or give me a notice before cancellation
The employment nature in the current case is contractual. Both the parties have to fulfil their duties and obligations. If you have signed an employment agreement, you and your employer need to abide by the terms of that agreement. If the employer breaches any of these terms, it is a type of wrongful termination.
It is a mandatory rule that a 30 day notice period should be given to the employee before giving termination letter. You can file a labour law dispute in the labour court as per the provisions of Industrial dispute act. You should also issue a notice against the company and send a letter to the HR with regards to the issue.
You can file a case against the company under Section 25T for unfair labour practice and Section 32 for the offence being done by a company of the Industrial dispute Act, 1947. You can also recover losses from the organization as per Section 33C of the Act.
Thank you
In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947, then serving a legal notice to the Compay, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues from the Company. Otherwise, if you are holding a supervisory or managerial post in the Company then you have to file a civil suit against the Company for recovery of your dues.
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
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Employment advice
