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Pragya (Student)     31 May 2015

Termination of employment without notice

I was serving a 2 month probation period and after only one week my employer terminated my employment without giving me any prio notice or reason by writing me an e-mail.

The place where I was working is a start-up company and at the time of my termination, it had no employees other than me.

Do I have a remedy against my former employer? Is is possible to challenge him in a court or to demand compensation from him?



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 8 Replies

saravanan s (legal advisor)     31 May 2015

did they give you any appointment order...if so look into the terms regarding termination from job.if the company dint stick to the terms regarding termination then you can send a legal notice demanding them to provide explanation for your sudden termination.if you are not satisfied with the reply then file a complaint with the labour commissioner

1 Like

Pragya (Student)     31 May 2015

@saravana.s,

Thank you for replying. The offer letter is just a one page document and it nowhere states that the employment can be terminated without any reason and without giving any notice.

saravanan s (legal advisor)     31 May 2015

send a notice asking for explanation regarding termination and complain to the labour commissioner if you want further action

1 Like

Pragya (Student)     01 June 2015

I fully intend to do so. Thank you so much for your help. I really appreciate it.

Kumar Doab (FIN)     01 June 2015

Usually such companies have to register under Shops and Commercial Establishments of the state and complaint can also be lodged with Inspector appointed under this Act of the state.

Usually Labor Inspector in o/o Labor Commissioner is also Inspector appointed under this Act.

 

You can also approach various Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc.....

 

Unions leaders know precise ways to handle such matters and can also represent member/employee in before labor Officials/Labor Court.

Pragya (Student)     01 June 2015

@kumar doab,

Thank you for replying. But in this case the employer is the sole owner and at present, employee of a start up company and I am not sure if such companies fall under the commercial establishments act.

Kumar Doab (FIN)     02 June 2015

You have quoted from the appointment order.

Consult an able labor Law Consultant and proced further under expert advise of your lawyer.

Pragya (Student)     03 June 2015

Thank You. I am going to do so.

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