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Expert: Javed Razack Date: 7/3/2008 Subject: Employee Rights if company sacks without notice
Question Sir,
I have been employed on 1st December 2007 as an Analyst with my company. I was on probation for 6th months which got completed on 18th June 2008. Inspite of asking for Confirmation letter my company didn't provide me any letter. On 2nd July, company suddenly asked for termination for non- performance. They have even not given me a notice for termination nor they have paid me for 15 days salary for termination. This was done for cost cutting but company didn't provide me solid basis for my termination. There was no performance evaltuion before and i have done my best work as per the requirement of my Job. Please suggest me my right to file a case against my company. What are alternative ways. Please reply me as soon as possible.
Answer Hello Varsha Surana,
The terms and conditions of the appointment/services agreement are very important and vital documents for the arrive at any opinion. Assuming that your appointment/services agreement state that under performance of the incumbent may lead to termination and otherwise termination without cause are debatable issues and can only be gone into when the matter is taken up before the court.
Your statement that you were on probation for the first 6 months and that on completion you were not provided by any confirmation nor your probation was extended, instead you were terminated on the ground of non-performance. In the present scenario you have the right to question your employer that when no evaluation was done on such non-performance nor any intimation is given to you, it cannot be said that you have under performed and the termination is illegal and arbitrary.
In your case the employer has to inform you and put you to notice that your under performance needs to corrected and give you atleast a months time to reform your enterprise. Since this is not done, you may write to your employer that you are entitled to the complete salary and the notice period pay and a smooth exit by providing the necessary relieve letter as termination would act as a stigma for your future endeavor to seek gainful employment.
Your options are to put your employer to notice of the illegality committed and to seek remedy under the Specific Relief Act to declare the termination illegal and for the unpaid salary and other such reliefs that you may be entitled. A good lawyer on service matters may advise you the course to be adopted and a civil lawyer to enforce your rights to seek the declaration that your termination was bad in law and monetary damages for such illegal termination.
I hope this suffice your present query
All the best
Javed Razack
