Simisalooja
Advocate
Bharadwajconsultants@gmail.com
Labour Law Consultant
Sapnaskipo
Working Lady
+3 Others

Dear Experts,

I have been terminated from service with immediate effect. But there is no reason mentioned in the letter. I was on probation in a limited company.

In my appointment letter termination is in cases of misconduct. I was having good conduct and regular in office.Also I was never asked or told about any misconduct, if any, by my seniors before terminating me.

Before termination, my reporting manager had forced me to resign.he did not tell the reason. I thought it is due to performance.So I said I am ready to perform and I'll work, I dont want to resign.He didnt listen, and in a week's time he gave me termination letter with immediate effect.

I asked management in 3 written format,for the 'reason' of termination. But NO CLEAR reason is given .'Performance' is UNCLEAR reason forwarded. But in my appointment letter, termination on low performance is not mentioned at all.

I feel that termination of my service was injustice done to me when I was ready to work hard and perform.

I have a good career record with 2 promotions in my previous company.My branch manager has no right to ruin anybody's hard earned career due to his politics.

I was victimised by my branch manager. He has a habbit to torture employees on probation and make them leave job themselves in frustation.

My manager is also telling some 'misconduct' reasons about me to management AT MY BACK.

I am following up with 10 emails sent uptill now to HR and till chairperson of company asking for justice, but management is not responding positive.

I want to fight against this injustice.

Please guide me, could I take up this matter legally?
2nd October 2009 From India , Mumbai
please see your appointment letter during probation, separation clause. According to the separation clause, they need to act. If they fail to act, you can drag them to labour court asking for damages.
18th November 2009 From India , Madras
Dear sim,
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.
regards
Murali Dutt
19th November 2009 From India , Bangalore
i have same condition but they have given me termination in exact 6 month so i am helpless.
they used my free service for 3 month as trainee and exact 6 month of probation period they handover me termination letter without notice
2nd August 2013 From India, Allahabad
Dear All,
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,
Hello Sapna, I see this has happened with you in August, you would have almost 45 days time, in case you need to take any legal action against them. I would suggest do fight back for your right.
24th September 2013 From India,
Hi

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

nabolbona
30th September 2013 From India , Calcutta
#Anonymous
hi,
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
sri
30th April 2019
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