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annonmous user (service)     08 August 2017

Illegal termination

I had been working in IT company for 15 months from oct 2015 to march 2017. I had received performance appraisal in dec 2015 and company was happy with my performance, sincerity and commitment. But to my shocking on march 31st march 2017 my manager called me and told since you require promotion and you are not happy in present company you have to leave company from today.Company HR told they will pay three months salary.This was verbal communication. As per appointment letter it is mention the company may terminate your services without assigning any reason with three months notice in writing with a compensation equivalent to your one months salary. My three months salary credited on apr 28. I have filed petition in labour commissioner office in month of june for illegal termination for company did not not gave me three months notice. In fact I have received performance appraisal in month of december 2016 where it is mention company is happy with my performance. In reconciliation meeting company's legal hr claiming since i have accepted three months salary I do not have right to claim for reinstatement and they have terminated me for misconduct. I am single earning member of family I was busy finding job getting job was prority.But i could not find job till 20 th of june so i filed petition against company on june 28th. I am claiming for reinstatement but company management is not ready for it. Do I have right to claim How should I proceed further. How much amount I can claim for illegal termination .Please guide me further?


Learning

 3 Replies


(Guest)

Claiming of compensation is a secondary issue. At first you will have to prove illegality of termination, when notice period salary three months has already been deposited by the company in to your account..

By the way, what your own lawyer has advised you about compensation in addition to 3 months salary, which you have already received?

 

annonmous user (service)     09 August 2017

As per appointment letter  it is mention the company may terminate your services without assigning any reason with three months notice in writing with a compensation equivalent to your one months salary. They did not gave me any notice in writing  three months ago and terminated  me.


(Guest)

As per your statement, you have already, "filed petition against company on june 28th." Naturally, you would have hired services of a lawyer to fight your case. So, have not you asked this question about compensation from your own lawyer, who would have personally examined the terms of your appointment?

Also, if you are right in your conviction or assumption, what is the reason that you preferred to remain anonymous?

 

 

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