Help on unfair termination/one sided appointment letter
Querist :
Anonymous
(Querist) 13 July 2024
This query is : Resolved
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,
T. Kalaiselvan, Advocate
(Expert) 13 July 2024
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