Sridhar
5 years ago
Company issued termination letter not shown any proofs. Wrong allegations based like used abusing words and caste related words but u never used above words.
ROBERT D ROZARIO
Responded 5 years ago
A.Facts not clear. You did not mention what is your designation. If your employment falls within the definition of the Workman then approach the court under Workmen Compensation Act, if your employment does not fall within the definition of Workman approach the court under the Shops and Establishments Act.
Wrongful termination is when the employer does not follow due process of law or when the employer has violated the terms of a pre-existing contract containing provisions for termination. However, termination may be considered to be wrongful in the following circumstances:
(i) employer terminates the employee on discriminatory grounds
(ii) If the termination carried out by the employer is violative of the terms of the contract
(iii) employer terminates employment due to workplace disputes or personal grudges or refusal to follow illicit orders
termination of employment depends upon two factors:
(a) Terms of agreement for employment
(b) Grounds and manner in which the employees services were terminated.
The ID Act obligates an employer to allow an opportunity to the terminated workmen to offer themselves for re-employment and such terminated workmen who apply for re-employment are to be given preference over others.
Wrongful termination is when the employer does not follow due process of law or when the employer has violated the terms of a pre-existing contract containing provisions for termination. However, termination may be considered to be wrongful in the following circumstances:
(i) employer terminates the employee on discriminatory grounds
(ii) If the termination carried out by the employer is violative of the terms of the contract
(iii) employer terminates employment due to workplace disputes or personal grudges or refusal to follow illicit orders
termination of employment depends upon two factors:
(a) Terms of agreement for employment
(b) Grounds and manner in which the employees services were terminated.
The ID Act obligates an employer to allow an opportunity to the terminated workmen to offer themselves for re-employment and such terminated workmen who apply for re-employment are to be given preference over others.
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A.Termination without any reason by a private company is breach of employment contract and you can sue the company for committing breach of contract. So, first you start with sending them a legal notice and then followed by a filing a civil suit if they don't respond as per your expectation after receiving the legal notice.
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Ambrose Leo
Responded 5 years ago
A.You have to take up the issue with a Professional Labour & Employment and sevice matter lawyer from the panel to issue legal notice for illegal termination and if need take up the issue before the jurisdiction quickly.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client you need to go through lawyer and issue legal notice against your termination. If company not reply you then file complaint into office of labour commissioner or in labour court.
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir you should approach to labour commissioner office and made complaint against them
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Manjula Shanmugasundaram
Responded 5 years ago
A.If you are an industrial workman and you need to raise an Industrial Dispute before the relevant Commissioner of Labour. If you don't come under Industrial Disputes Act, you might have to file a different cause depending on your company and nature of your employment. Therefore, more details are needed.
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Rajeev RJ
Responded 5 years ago
A.You can issue a legal notice asking the company to provide the grounds for termination.
Regards
rajeev
RJ Associates
Trivandrum
Regards
rajeev
RJ Associates
Trivandrum
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A.You cannot go to Court for a termination by a private Company. But you are eligible for whatever your job contract provided and compensated. However, if your termination order contains false allegations against you you can go to court.I filed a case against WiPRO on this. see WP 47550 / 2017 in high court website.
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Ashish K Dongre
Responded 5 years ago
A.Issue them a legal notice, contact local vidhikarya lawyer for the same.
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