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professional   13 July 2024

One sided appointment conditions/unfair termination

My services were terminated from subsidiary of a major private group, without serving any notice, whatsoever. For justification, they had referred to my appointment letter, which stated that during probation period of 6 months, they can terminate without serving any notice/or any reason thereof, whereas employee (i.e. me in this case) would need to give 2-months notice. It may be however, pertinent to note that detailed appointment letter stating these conditions were only provided on the day of joining, and prior to that the acceptance of my joining it did not mention this condition of terminating without any notice. I was told in person that this condition is only a formality and I should not worry. On the day of leaving, they asked me to sign many documents, particularly stating that I have resigned on my own and I was not terminated, else they would not give me the settlement pay (F&F). Hence all documents have my signatures. My question is the following: 1) Whether it is legal to have one-sided conditions at the time of joining (no notice period from employer and 2 months from my side). 2) Which authority can I approach for justice (Human rights commission, labor commissioner or court of law). 3) Can I claim for 1 year of my gross salary, as they kind of cheated me with the one-sided employment conditions which were revealed only on date of joining. Further, for senior positions, it takes at-least 6 months to find a new job 4) My signatures are there on all documents, resignation letter which they asked me to sign and employment letter on the day of joining stating my acceptance of all terms and conditions, including this one sided notice period. Kindly guide,




Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2024

The employment offer letter was signed by you accepting the terms and conditions hence it would be treated as you are in the knowledge of them, therefore there is no one sided agreement condition.

You first issue a legal notice stating that you were terminated from services without any valid reason and demand them to reinstate failing which you can approach labor commissioner for relief.

3. You cannot claim any unjustified claim.

4. If you have signed the resignation letter then you cannot claim reinstatement

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2024

If you receive a termination letter without reasons, you may feel uncertain or concerned about your next steps. Here are some steps you can take: 1. _Review your contract_: Check your employment contract or business agreement to see if it provides any guidance on termination without reasons. 2. _Seek legal advice_: Consult with an attorney specializing in employment or contract law to explore your options. 3. _Request clarification_: Write to the employer or counterparty asking for clarification on the reasons behind the termination. 4. _File a complaint_: If you believe the termination was unfair or discriminatory, consider filing a complaint with the relevant labor board or tribunal. 5. _Negotiate a settlement_: Depending on your circumstances, you may want to negotiate a settlement or severance package. 6. _Update your records_: Ensure your records are up-to-date, including your resume, LinkedIn profile, and job search materials. 7. _Seek support_: Reach out to colleagues, friends, or a professional network for support and guidance. 8. _Consider next steps_: Reflect on your career goals and consider your next steps, whether it's looking for a new job or exploring alternative opportunities. Remember, termination without reasons can be challenging in thehigh court


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