Legal Question in Employment Law in India
In case of termination from an IT company, it is observed that companies terminate employees on the same day when they give the notice. Especially during the last recession time, majority of IT companies have laid off their employees without giving a single day notice.
However, if an employee wants to leave a company, he has to serve the notice period (one to three months) mentioned in the company policy. It is strange and unethical that the one party (employee) has to abide the rules whereas other party (employer) can easily violate it.
I am not sure about the Labour rules in India and how strong are they so that a victim can approach the court/labour office to get a justice. I would appreciate your advice on this matter.
3 Answers from Attorneys
You may better confine your question to the problem you have in hand instead of making a statement in general terms.
The employer - employee relationship depends upon the contract of employment.
this hire and fire policy is in fact arbitrary but an employee does not wish to challenge the company's policies the moment he gets a new job.
the employee has all the rights against his employer and has the freedom to challenge not only the policy of the employer but cannot claim that because employer is not complying therefore employee is also not in obligation to comply.
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