termination during my notice period by employer with out notification
2 months ago
where can I complaint
A.Dear Client,
The company cannot terminate your services once you have given your resignation and already serving your notice period. However, your boss has the power to exempt you from serving the notice period if he really wants you out of the office. In your case you cant get terminated as you have served your resignation.
In case the company has terminated you post your resignation and denies any of the benefits to which you were eligible at the time of leaving the company, then this action of the company can be challenged in the Court of law.
The company cannot terminate your services once you have given your resignation and already serving your notice period. However, your boss has the power to exempt you from serving the notice period if he really wants you out of the office. In your case you cant get terminated as you have served your resignation.
In case the company has terminated you post your resignation and denies any of the benefits to which you were eligible at the time of leaving the company, then this action of the company can be challenged in the Court of law.
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A.Dear Client,
Termination without notice while an employee serving his notice period post-resignation amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/ Labourt Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the company over alleged illegal termination and unfair labour practice to resolve the grievance failing which you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.
Termination without notice while an employee serving his notice period post-resignation amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/ Labourt Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the company over alleged illegal termination and unfair labour practice to resolve the grievance failing which you should raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.
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