Legal Question in Employment Law in India
Termination and employee personnel file
Hi!
I was terminated from my last job, without being assigned any reason, 20 months back. Considering the practical issues, I rendered my resignation myself. At that time, I verbally requested for the review of my employee personnel file kept with the company. However, my request was denied. Since then, I have made five such requests during this year through written letters, but none of my letters has been replied to. In my latest letter, I have given them time period of 15 days for replying which is ending this weekend. I want to seek advice on legal options availaible to me in this case. Can I force the company legally to entertain my request under any law (may be the one dealing with right to privacy)? Also, since the company never gave me any good reason for throwing me out, I was wondering if I have a case against unlawful termination?
Thanks,
3 Answers from Attorneys
Re: Termination and employee personnel file
The legal action is possible in India when the person is working under non-managerial category and that too when person has not given resignation letter. Or may be is there is any action possible under criminal laws for harrasment etc. which also looks not possibnle since it can be treated as 'after thought' after delay of 20 months. Services are under contract law and once you have resinged, the contract gets over, if employer soes not pay dues, you can move to courts for recovery thru legal process.
Re: Termination and employee personnel file
Dear Sir/Madam
This is with reference to your query-dated October 28, 2004 regarding the termination of your employment.
We understand that your company has terminated you. However, the company must have terminated you in accordance with the terms and conditions of your agreement with the company.
Kindly forward a copy of the same to us to enable you to provide with the final opinion on the desired course available to you in case the company has terminated your service in violation of any of the clauses, as provided in your employer�s agreement with the company.
Thanking You,
Yours truly,
Dubey & Partners - Advocates
310, New Delhi House,
27, Barakhamba Road,
New Delhi - 110 001
Tel:+91-11-23323884/51511472
Fax:+91-11-23323890
www.dubeypartners.com
Re: Termination and employee personnel file
Dear Sir/Madam
This is with reference to your query-dated October 28, 2004 regarding the termination of your employment.
We understand that your company has terminated you. However, the company must have terminated you in accordance with the terms and conditions of your agreement with the company.
Kindly forward a copy of the same to us to enable you to provide with the final opinion on the desired course available to you in case the company has terminated your service in violation of any of the clauses, as provided in your employer�s agreement with the company.
Thanking You,
Yours truly,
Dubey & Partners - Advocates
310, New Delhi House,
27, Barakhamba Road,
New Delhi - 110 001
Tel:+91-11-23323884/51511472
Fax:+91-11-23323890
www.dubeypartners.com
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