Can I claim notice period and challenge termination after two months?
I joined Jimit & Co. on 15th September 2024, and my contractor fired me without a notice period. The contractor didn't call me directly but had a relative call me, and instead of directly telling me I was fired, they asked me to come to the job when we called. Is this legal? They also wanted me to sign a bill, but I refused, which led to my termination. 1) Can I ask for a notice period if I was removed from the job after less than two months? 2) What should be my next step?
If your dismissal is without notice, you can base your redress upon the employment contract. Check for the notice period in the contract first. If you don't have a contract, then Industrial Disputes Act, 1947 would apply, more specifically if you are a "workman," which automatically puts a condition of just cause on termination. A refusal to sign a bill is not a valid ground for wrongful dismissal. Ask for a formal written request to clarify and demand payment of salary, notice period dues, or compensation. If still unresolved, file a complaint with the local labor commissioner or initiate legal action for breach of contract and unfair dismissal. Consult a labor lawyer to seek advice.
You cannot demand a notice period if you were terminated after less than two months of employment since most Indian labor laws allow termination without notice for employees with less than three months of service. If your employment contract has specified a notice period, however, you can claim it. Make sure you document the details of the termination and seek legal advice afterwards. In such cases, filing a complaint with the labor department is best or even to file for wrongful termination. Ensure that all pieces of evidence, especially in communication on termination, are collected.
Sir, if your employer terminated you without following the required notice period or contractual terms, and you were pressured into signing documents, you may have legal grounds to seek compensation or challenge the termination. You can send legal notice and may also file a complaint to the relevant authorities. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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