termination during notice period
2 months ago
I was remote work WFH & company terminated during notice period with out notification,now comapny is not responding my email at all
A.Dear Client,
Terminating an employee without notice during their notice period post-resignation is deemed illegal, constituting an industrial dispute as per Section 2A of the Industrial Dispute Act, 1947. In such instances, the terminated employee or workman, if not holding a managerial or supervisory position, can initiate legal action. After serving a notice to the company, the employee should approach the office of the relevant Labour Commissioner to file a complaint regarding alleged illegal termination and unfair labor practices. If the grievance remains unresolved, the employee should directly raise an industrial dispute before the State Government Industrial Tribunal under Section 2A of the Industrial Dispute Act. Alternatively, if the employee holds a managerial position, they can file a civil suit for damages in the Civil Court, citing a violation of Section 73 of the Indian Contract Act, 1872. This section allows compensation for losses resulting from a breach of contract. Legal assistance can be sought an expert legal team.
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 have to file a civil suit for damages against the Company before the Civil Court for violation of Sec.73 of the Indian Contract Act, 1872 which provides that, when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew when they made the contract, to be likely to result from the breach of it. 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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