Last Updated on June 15, 2024 by Satish Mishra
To anyone who is employed, job is very close to his or her heart. It let’s an individual pay his bills, basic needs and above all to live his life with dignity as being unemployed is seen as a jinx to the society.
One must read the employment terms and conditions before joining any job. It is mostly the appointment letter that defines exit of an employee from the job. It can be a few months salary in lieu of the exit or a notice period of fixed number of days where as employees on probation can be fired on immediate basis. So there is a huge gamut of facts affecting your employment terms with the employer.
Yes an employee can sue a company if he is terminated illegally and without any justifiable reason. Also you can drag the employer to Labour Court and let him pay for his actions.
Under the Industrial Disputes Act 1947 i.e. ‘ID’ Act, the most crucial Labour Law that covers working condition and retrenchment of an employee from organization. No employer can violate statutory conditions as provided in the ID act that explains ‘workman’ and retrenchment of employees working for more than one year can’t be terminated without one month prior notice or retrenchment compensation equal to 15 days average pay for every completed year of continuous service or any part thereof in excess of 6 months.
On technical Grounds also if the appointment offer letter explicitly mentions the mode and procedure of termination then it just can’t be ignored. One can seek a legal opinion from employment lawyer and advocate and serve upon a Legal Notice as recourse.
People are mostly afraid that once they start legal process, the previous employee will kill all their future job prospects and won’t let them join any Organization in the same domain which isn’t the case. Now jobseekers control the job hunting process. Jobseekers also know which company is good, better and worse.
Approaching the HR though is a first thing to do but they rarely interfere when an employee is terminated illegally as they couldn’t afford to differ with manager or management view. Termination can never be done for non-performance – it includes only behavior which qualifies as misconduct. Ideally as per the Industrial Employment (Standing Orders) Act, 1946, the probationary period is of 3 months but it cannot be more than a year or 240 days in a year.
If you need any subject specific advice on this matter, kindly dial 99888-17966 for LegalSeva.
