Rights for protection against dismissal from employment. Rights for protection against dismissal from employment.

4 years ago

Dear Sir/Ma'am,
My father is Ex Subedar of Army, currently working with a security agency. His employer appointed him without any appointment letter. He is paying PF also. My father get salary based on number of duties in a month. Sometime it happens that he do not get duty for whole month.He is also not entitled to get any paid holiday including sundays. I have following questions:

1) does he entitled to get full month duty / salary?
2) does he entitled to get paid sundays/holidays?
3) can my father be dismissed without getting notice for atleast 30 days so as to find another job for him?
4) if employer dismiss him without any notice , whether my father eligible for any compensation ?
5) which act is applicable for protection of his rights ?


Thank you so much for your advice.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You may approach any advocate practicing in Civil matters so that you can get appropriate legal advise upon seeing all your relevant documents.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Jagannath S Pawar

Responded 4 years ago

A.Hi. Ex army personnel getting good jobs throughout if searched well. I am from Army so well versed with these situations. Plz approach District Soldiers Welfare Office and seek employment through them. Many organisations keep reservations in job for exservicemen so your father should try to get one of them.
Regards ur father's current employment, it doesn't seem regular appointment but still you can seek remedy with legal recourse. Plz contact through Vidhikarya. Thanks n regards.
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Vidhi Samaadhaan Vidhi Samaadhaan

Prashant Mane

Responded 4 years ago

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A.There is no relationship exists as per your information. But you told that he is getting PF, on this basis his appointment can be established. The question here is how he can pay PF to him without an employment agreement in place. Finally, if PF is registered in EPFO then you can proceed to labour laws to get redressal in case of eviction.
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Pavan kumar Gudipati

Responded 4 years ago

A.Sir,
"His employer appointed him without any appointment letter." this is crux of the story. He is only casual labour, as and when required, he is getting work. Getting work by Employer because of Your father Goodwill.
Better search for Regular Job.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 4 years ago

A.If nothing any joining letter or etc if they appointed on daily basis then no any such right
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