Legal Question in Employment Law in India
termination from employment
Dear Sir/Madam
I'm currently working in a managerial position ( 3,50,000 /- per annum) in a Pvt Ltd company, which is a subsidiary of a USA based company and I'm working for the last 6 years. Now the company wants to terminate me from my employment and treat my termination as redundancy. My agreement says two-month notice should be given to me. I was also ready to leave the company if they pay me any good amount.
Could you please tell me what are my legal rights? and what are the other claims I can make against the company for a better compensation for my termination ? or can I take any legal action against the company for unfair dismissal ?
please help me..i need to take a decision very fast. Thank you for your kind time.
3 Answers from Attorneys
Re: termination from employment
Your position is so common that most employees face the same problem.Your company cannot terminate you as of right.There should be a defenite charge against you and the charges should be proved againt you before the company terminates you.In the domestic inquiry which is the,procedure adopted to put to trial a delinquent employee,you can claim the assistance of some of your collegues who are well versed in dealing such matters.After that you can have the statutory remedy of appraocching the Labour court if any irregularity is alleged in the disclipinary proceedings.
There after the company after succeeding in proving the charges have to give you the provident fund,gratuity and other benefits.
Sir if you have any more quries fell free to email me at [email protected]
Re: termination from employment
since yours is a contractual appointment,the company can terminate your services after giving you two months notice.I can advice you better on your legal rights after going through the agreement.
umesh bhagwat
Re: termination from employment
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards
Satish Maheshwari.
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