Fired by employer
Samar
(Querist) 18 April 2008
This query is : Resolved
In case the employee is asked by his employer to leave the job within 1 day, is there any legal way to counter that.
To be more specific, in case the appointment letter says that the person can be removed by giving one months salary and the employee is removed in the same way without any fault of his.
Thanks
SHIV KUMAR GUPTA
(Expert) 18 April 2008
PL PROVIDE ME FURTHER DETAILS OF APPOINTMENT LETTER AS TO TERMINATION AND NOTICE PERIOD AND YOUR LENGTH OF SERVICE SO FAR WITH EMPLOYER.
S.K.GUPTA
09810467564
Samar
(Querist) 18 April 2008
The same is regarding one of our employees. The Appointment letter states that probobatiob period is for six months and after that a confirmation letter will be issued (which in case of our company is never issued/neither extension of probation period). After the probation period any of the employee or employer can leave the company after giving one months notice period or salary in lieu thereof.
The length of service is 1 year.
I think that the Appointment letter is signed under influence of getting the job. So the person has the right to ask the reason fro his/her removal and challenge the same.
Expert opion required.
H. S. Thukral
(Expert) 18 April 2008
You have certainly a remedy if you are a confirmed and permanent employee. In your case since the confirmation letter has not been issued by the employer, the issue is debatable. In some cases, where the employment letter speaks of power of the employer to extend the probation period, it was held that employees continues to be on probation. In cases where the employment letter says that the confirmation shall be in writing even then proabtion period is held to be automatically extended till letter of confirmation is issued. However if the employment letter does not apeak of power to extend the probation period or any other negative stipulation, the employee is deemed to be confirmed in service.
If the employee is on proabtion, the termination of services as per terms of the employment shall be legal and valid. However if the employee is confirmed then the remedy is available in Civil /Industrial Court depending upon the status of the employee. Your query is too short to elaborate further.
