- This topic has 27 replies, 16 voices, and was last updated 1 year, 4 months ago by
.
Viewing 10 reply threads
-
Posts
-
-
UI believe I’ve been unlawfully terminated from my Business Analyst position in India. I was given one day’s notice, no severance pay, and the reasons for my termination have been inconsistent and contradictory. I’m still under probation, but I believe the company has violated my rights.
Here’s a summary of the situation:
* Layoff with one day’s notice: I was informed of my termination yesterday with an effective date of today.
* No severance pay: Despite my request and industry standards, the company has refused to provide any severance.
* Inconsistent reasons for termination: Initially, I was told it was due to performance issues, but this was later changed to cost-cutting measures.
* Lack of manager involvement: My reporting manager did not communicate with me at all regarding the layoff.
* Denial of email access: Today, my access to my company email was revoked without any explanation.
I’m concerned that the company has violated labor laws and my employment contract. I’m seeking advice on the following:
* Is this termination lawful, considering my probationary status?
* Do I have any legal recourse to claim severance pay?
* What actions can I take regarding the inconsistent communication and denial of email access?
Any guidance on my legal rights and options would be greatly appreciated. -
-
UThank you for your advice! Could you please tell me more about how to file a complaint with the labor department? Also, which specific laws do you think the company might have violated in my case? I’m still under probation, but my probation period ended on February 12th, so I’m not sure what my rights are. Any information you can provide would be very helpful.
-
PNothing would happen. IT companies comes under shop and establishment act. They are not under factory act which comes under labour law.
-
-
VCheck your employment agreement and read the termination clause while you are under probation.
Mostly Either parties could terminate the agreement without cause during this phase.
The notice clause mentioned in the termination clause will determine if you are eligible for any pay.
Labour laws in India are meant to protect the blue collar employee and not others.
Also, don’t waste your time energy and resources fighting this. Move on.
-
-
-
-
-
-
-
-
UYour belief that it’s a true statement is not enough if it goes to court. And in this case, it’s better for OP to not waste time on these things. Moreover, unfair or not, companies don’t wish to hire employees naming and shaming the companies on social media they previously worked at.
-
-
-
-
-
-
-
-
-
FI think the only issue at hand is the notice period pay. Other things like email access revocation, manager not being involved in the process etc is not really illegal. There is no law that entitles you to severance pay. It’s on the goodwill of the employer. But you are entitled to notice period or salary in lieu unless you are in probationary period in which case your employment may be terminated without notice or assigning a reason. Read your appointment letter carefully and see what it says about employment termination, probation period, employment confirmation etc. You can consult a lawyer but at most what you are look at is 30/60 days of salary. If that amount is significant, take the legal route. Otherwise just find another job ASAP.
-
-
-
-
-
MYour severance pay should equal salary for the notice period. Check your terms of employment wrt notice period. If it’s zero days, you will get nothing. If there is a notice period, you can follow up or complain to the labour commissioner.
Not paying a termination compensation would also potentially indicate financial distress in the company, as they usually don’t want ex employees bad mouthing them. So check with friends from work.
Terminations are effective immediately as company’s want to ensure the employee doesn’t create problems of any kind.
-
-
-
-
Viewing 10 reply threads