Legal Question in Employment Law in India
Termination from service
I have been working in a Private School since last 4 years. At the time of my appointment a letter was given to me by appointing me on probation for one year. After 4 years I have not received neither any letter confirming my job nor any other letter mentioning my extended period. Now after four years can I be sacked without ay valid reason ? Do I have any legal support ? Can a person be kept in probation for four years in a continuous service ? Of course I have been in regular receipt of salary, DA, HRA, PF etc.
1 Answer from Attorneys
Re: Termination from service
No.As per law settled by Supreme court if any has worked for continous period of 285 working days then his service is presumed to be confirmed even if no formal letter of confirmation to this effect is issued but the said judgement is in context of labour law.Nevertheless the principal is applied in every case.so you are entitled for every fund to which other confirmed employes are entitled.
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