Labour Law Consultant
Usually during probationary period, the management reserves the right to terminate the services without assigning any reason. If the termination is beyond 6 months of service then the employee would be eligible to notice pay or else no notice pay is required to be given under law. However if the appointment letter prescribes notice period /pay then you would be eligible to it. Apart from this it would be difficult to complain against managements during probation period.
Please do go through your apppointment letter carefully and decide.
19th November 2009 From India , Bangalore
In such a matter, you need to define your work role... and understand if you fall under labour category. anyone can fall under labour category irrespective of their post and salary earned. after understanding that, you can file for labour rights or civil damages.
23rd September 2013 From India,
My service was terminated for some misconduct without any legal sanction in July 2006.
I approached before Shops and Establishment Govt of West Bengal to get back my full salary during my suspension period as per an Apex court Order.
Company showed an Administrative Order with back date to give a belated legal shape of their Charge Sheet.It was rejected by the Shops and Establishment Govt of West Bengal authority
Shops and Establishment Govt of West Bengal gave an order with the limitation of their power,to agitate in other forum to get justice.
I approached before the Labor Tribunal where it was dismissed due to my absence as I was not present at that time due to my family problem.
Then I approached before the High Court - Kolkata which is now in progress.
Now the company raised an objection about the maintainability of the case.
As the merit of the case is in my favor can any one suggest about the maintainability of the case?
Which other forum I can proceed to get the Justice
30th September 2013 From India , Calcutta
My services were terminated by the company without reason , i was asked for resignation , which i signed on. At the time of resignation there was 4month salary due , and full and final settlement pending . On resignation the company paid half of the Final settlement and informed that rest will be paid in one month . They cleared the pending salary slowly However the pending Settlement has not been paid in 6 months still .
Is this termination Illegal and void Since they havent cleared the final settlement , what steps can be taken to get the pending dues back
Thanks and regards
30th April 2019