Contract Termination
8 months ago
i Have joined on company as an contractor on 10 July. and on 10 august i received the email that my employment service terminated WEF 10 August. Without notice, warning. My contract state notice of 30 days. please help in this matter.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Despite the specific provision in the offer letter, when the employer is not abiding by the terms of the offer letter it amounted to a breach of contract and illegal termination of an employee from a job or service without serving a 30 days notice or pay in lieu of notice in compliance of Clause 13(1) of model Standing Orders applicable in an establishment in absence of certified Standing Orders under Industrial Employment(Standing Orders) Act, 1946. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
Your employment contract is a legal agreement between you and your employer. If your contract states a notice period of 30 days, your employer generally should adhere to that notice period or provide compensation in lieu of notice if they intend to terminate your contract earlier.
If you believe your termination was not in accordance with the terms of your contract or labor laws, you might consider the following steps:
Contact HR: First, reach out to your company's HR department to seek clarification about the termination and the reasons behind it.
Review Contract: Carefully review your employment contract to ensure you understand the terms and obligations on both parties.
Demand Letter: draft a demand letter to your employer, requesting clarification or compliance with the notice period or compensation.
Negotiation: In some cases, negotiations with the employer might lead to an amicable resolution, such as providing compensation for the notice period.
Legal Action: If your efforts to resolve the matter directly with your employer are unsuccessful, you might need to explore legal action, such as approaching labor authorities or filing a case for wrongful termination.
Thanks
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