Asked in Labour and Service
whether the employee completed 240 days or not in the period of 12 months , if yes, than whether the employee comes under workman category, if yes than notice pay and service compensation is to pay as per id act 1947
whether the employee completed 240 days or not in the period of 12 months , if yes, than whether the employee comes under workman category, if yes than notice pay and service compensation is to pay as per id act 1947
during probation period, employer can terminate his employee without assigning any reason if not satisfied with the work. if the probation period is completed and employee has confirmed the service and thereafter he has been terminated without assigning any notice, then take the legal help subject to your T&C of your appointment letter. some times the job may be contractual or to a specific period/ tenure only.
Employee should file case as soon as possible I.e. within 30 days from date of termination. Termination without showcause notice is violation of principle of natural justice.
if satisfied with my answer give like to my profile . for further assistance email me your job agreement at jagmitsaini@gmail.com
employer can terminate job of employee if probation period is not complete. probation period is mentioned in job agreement. if you have completed your probation period and still he has terminated your job without notice, you shall either serve him legal notice or file case before labour commissioner as soon as possible, as delay in doing so will go against you.
I assume, you were dismissed and not 'resigned'. As quoted by you. Now, as far as the law goes, as per the Model Standing Orders, an Employee on probation or badlis don't require a notice before termination. Whereas in other cases a notice of 1 month is required and also at the same time principles of natural justice are required to be followed which includes a proper hearing, is required to be followed.
was the employee under probation? if not then file it immediately.
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