Namita Nambiar
Asked June 12, 2016

termination of employee

  • 1 Answer
  • 227 Views

I was fired from my job(at banglore) without any warning or show cause notice and without any basis (performance or otherwise). seeking legal action on the same.

Answer 1

No employer can terminate services of an employee in arbitrary manner, without any valid reason but unfortunately, this practice is quite rampant these days.

Remedy under the Industrial Dispute Act, 1947

Identify if your workplace is registered under the Industrial Dispute Act, 1947. If it is registered under the said Act then you can approach the Conciliation Officer appointed as per the Act. You can raise the concern by submitting a Demand Notice questioning the procedure for termination. You can also convey your issue to a larger platform by submitting your complaint to an Employee Union functional at your workplace. With the support of the Union you can negotiate with the Management and settle the dispute.

If dispute is not settled through these channels then, you can go for Adjudication done by the   labour courts, Industrial Tribunals or National Tribunals under the Act which will give an Award depending upon the facts. This Award can then be challenged before the High Court.

 

Civil Court

In case you are not covered under the Industrial Dispute Act, 1947 you can approach the Civil Court directly. In this scenario, all the documents exchanged between  you and your employer will be examined and the Appointment Letter and Rules created by the employee, if any, can be used. The Appointment Letter will be considered as a contract and your employer can be held at fault only if any condition under the Appointment Letter or Rules governing your workplace was not fulfilled. Therefore, examine the Appointment Letter and the Rules for details on termination process and notice period. If the conditions given for termination in your Appointment Letter is violated in any way then you can sue your employer for breach of contract.

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