Termination without notice

If company is terminating the employment company is liable to pay two month's notice pay.

You must get the reason of termination mentioned e.g. company is not doing well in market, so that there is no adverse effect on your resume or you shall have to explain the reasons to next employers.

If company has already terminated the employment contract and has paid only one month salary, you must obtain settlement of dues duly mentioned in FNF statement(  if you are eligible) , payment of dues by bank DD thru redg post, FNF statement, work experience/service certificate, relieving letter, form 16, Pf number/accumulation reports/withdrawal-transfer forms, acknowledgment of having submitted company property, NDC/NOC etc and  approach any forum of your choice e.g. O/o Labor Commissioner/Wages Inspector.

Thank you Mr Kumar so fast you have replied. I am very glad with your reply. I am insisting the company to pay me two months salary.

if the salary was not given, and terminated without notice, what is the remedy?

@ Nilesh,

Employee can contest the termination order. Employee may submit a gentle representation to allow him to examine his personnel file and seek appointment in writing.

Employee can also raise demand for supplying the work experience certificate/service certificate, relieving letter, FNF statement showing computation and disbursement of all payables, payment of FNF dues by bank DD only, Form 16, PF number, PF account slips of all years, attested copies of PF withdrawal/transfer forms {if submitted by you or acknowledgment issued by PF office in original, if company has submitted forms to PF office}, NOC/NDC etc. by redg. post only, so as to reach you in say next 7 days.

Employee can prepare a statement of payables by company as per his understanding {include all amounts e.g. salary, incentives, reimbursements, paid leave, etc} and request that say…80% of the amount to be supplied immediately citing financial constraints due to delay by company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office. Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Designation alone does not decide employee is a workman or not. Employee can also approach trade union.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges {say Rs.10/}. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

If the company do not yield to your representation, it shall be  appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

The company may yield to legal notice of your lawyer or you may have to agitate in appropriate forum.