Terninating for not accepting salary cut

If there is nothing in writing about the termination clause, then the employer would get complete authority to terminate the service. How would you prove verbal agreement?

Hi !

Plz mail me your detailed querry -

gaurav_the_great@hotmail.com

some ways can be come

certainly u r not a "workman" so as to avail benefits of ID Act. u r not a government servant and the company is not a government instrumentality so, u can not approach to high court also. the only remedy available to u is to insist on performence of employment contract/ appoint letter. u should insist on notice pay not less than that prevalent in corporate field for executives. normaly the appointment letters in private and public sector contain a clause of three months notice or notice pay by either party for termination of services.

if u want to take legal action, u will have to file a civil suit  for performance of contract and/or for compensation/ damages and in that case it will be advisable to claim 6 months salary. though varbal agreement will not be of much asistance to u, but the period of 6 months can be considered as reasonable period.

 CIVIL APPEAL NO.1718 OF 2009

             (Arising out of SLP(C) No. 29419 of 2008)

Hongkong & Shanghai Banking Corp. Ltd.                 .... Appellant

                                 Versus

Government of India & Anr.                            .... Respondents

dear mr. pankaj ! pls see above decision of SC . u may find it by  judis . it has been delivered on 18/03/09. you may gather some idea about your status as workman. but pls note that the SC has not laid down any principle of law in this case as the case was at the stage of final arguments before Industrial tribunal and the question of status of emloyee was raised first time before SC where yhe issue of interim award was under consideration. in this case the salary was Rs. 58300/ pm.