Termination
3 months ago
In my contract it was mentioned that I shall have 6 month of notice period later they increased it for 3 more moths without letting me know and I came to know about it when got fired and they fired me after 9 months suddenly and saying you were not a confirmed employee and would not get 60 days of notice period. But as per the contract or agreement Probation shall be for first 6 months , they have given notice period for 29 days. And if se new policy comes for notice period it has to be signed from me or they can directly apply by themself?
A.Dear Client,
A probationary period may be extended by an employer if required based on your performance and ability to grasp the jobs assigned and an extension of the probation period must be informed to the probationer before extension. In the absence of notice of extension of probation, a Probationer may be treated as an employee of the Company on the expiry of the probation period, An employer cannot terminate an employee and even probationer from a job or service without serving a 30-day notice in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders under Industrial Employment(Standing Orders) Act, 1946 which amounts to illegal termination from service as defined under Sec.2A of the Industrial Dispute Act, 1947. So in the prevailing situation, it may be suggested that 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 for such an arbitrary and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which after serving a legal notice to the Company, you can raise an industrial dispute under Sec.2A of the Act directly before the Central/State Govm. Industrial Tribunal claiming your reinstatement in service with back wages. Otherwise, if you belong to the position of Manager or Supervisor of the Company, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer.
A probationary period may be extended by an employer if required based on your performance and ability to grasp the jobs assigned and an extension of the probation period must be informed to the probationer before extension. In the absence of notice of extension of probation, a Probationer may be treated as an employee of the Company on the expiry of the probation period, An employer cannot terminate an employee and even probationer from a job or service without serving a 30-day notice in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders under Industrial Employment(Standing Orders) Act, 1946 which amounts to illegal termination from service as defined under Sec.2A of the Industrial Dispute Act, 1947. So in the prevailing situation, it may be suggested that 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 for such an arbitrary and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which after serving a legal notice to the Company, you can raise an industrial dispute under Sec.2A of the Act directly before the Central/State Govm. Industrial Tribunal claiming your reinstatement in service with back wages. Otherwise, if you belong to the position of Manager or Supervisor of the Company, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer.
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