Hi, I was working for a company for more than 1 and half year in Karnataka. Recently, I received Termination letter from the company surprisingly without mentioning any specific reason for termination. What I can think of the reason would be that on 18/04/2019 which was the voting day, the company did not declare holiday as per Section 135B(1) in The Representation of the People Act, 1951, so I opposed the same and went for Voting.
Another reason I can think of is they hired a person with lower package so they terminated my job. Upon getting email of the Termination letter from the company, I tried to speak to the Director/Owner of the company who avoided talking to me. So far these people have not clarified any reason for terminating my employment.
At the time of joining, in the email they confirmed that the contract will be for 2 years and with 2 months notice and they will provide me the joining letter with the same terms, but on the very first day of joining, they provided the joining letter with 3 months contract and 3 months notice.
This company does not follow the rules applicable as per The Karnataka Shops and Establishment Act at all. I would really appreciate if someone can suggest me the action I can take against the company and the compensation I can get from the company.
Thanks
From India, Bengaluru
Another reason I can think of is they hired a person with lower package so they terminated my job. Upon getting email of the Termination letter from the company, I tried to speak to the Director/Owner of the company who avoided talking to me. So far these people have not clarified any reason for terminating my employment.
At the time of joining, in the email they confirmed that the contract will be for 2 years and with 2 months notice and they will provide me the joining letter with the same terms, but on the very first day of joining, they provided the joining letter with 3 months contract and 3 months notice.
This company does not follow the rules applicable as per The Karnataka Shops and Establishment Act at all. I would really appreciate if someone can suggest me the action I can take against the company and the compensation I can get from the company.
Thanks
From India, Bengaluru
Dear Friend,
Under The Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee that has been with the enterprise for more than six months, except for a ‘reasonable cause’. In addition, an employer must provide a one month notice. If misconduct is the cause for termination, no notice or associated payoff is required.
As you have completed 1 year with organisation they need to pay 1 month notice period else 1 Month Pay, This company violated the law without giving any proper explanation, so you have the full right to go legal process.
From India, Mumbai
427Under The Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee that has been with the enterprise for more than six months, except for a ‘reasonable cause’. In addition, an employer must provide a one month notice. If misconduct is the cause for termination, no notice or associated payoff is required.
As you have completed 1 year with organisation they need to pay 1 month notice period else 1 Month Pay, This company violated the law without giving any proper explanation, so you have the full right to go legal process.
From India, Mumbai
I may add, if the 'cause of action' is reliably known as 'you went for voting' you may as well lodge a complaint with Election of India at Bangalore office itself and give a try in this angle. Arrange to issue a notice asking them to mention clearly what prompted them to terminate your services. Depending on the reply forthcoming you may decide the next course of action. Are you still on probation?
From India, Bangalore
From India, Bangalore
Thanks for your replies.
Following are the further facts of the case. The company never follows any rules for holidays. Even they cheat their clients.
I worked for this company for more than 1 and half year. At the end of the first year, when I asked to give credit, they said that the company do not give any credit for earned leave even after the expiry of the first year.
Even they do not allow national Holidays i.e. 15th August, 26th January or 2nd October.
The HR and the Directors are crooked people and always lies. Even they do not talk to the employee once they put resignation and I am in touch with some of the ex-employees who were tortured at the time of leaving.
From India, Bengaluru
Following are the further facts of the case. The company never follows any rules for holidays. Even they cheat their clients.
I worked for this company for more than 1 and half year. At the end of the first year, when I asked to give credit, they said that the company do not give any credit for earned leave even after the expiry of the first year.
Even they do not allow national Holidays i.e. 15th August, 26th January or 2nd October.
The HR and the Directors are crooked people and always lies. Even they do not talk to the employee once they put resignation and I am in touch with some of the ex-employees who were tortured at the time of leaving.
From India, Bengaluru
Dear Friend,
In my opinion, Better to leave such organisation and come out of that environment and start looking new job, where you feel yourself comfortable.
If we see companies work culture, and even their long prospective goal is not clear so working with such organisation it doesn't help your career growth.
From India, Mumbai
In my opinion, Better to leave such organisation and come out of that environment and start looking new job, where you feel yourself comfortable.
If we see companies work culture, and even their long prospective goal is not clear so working with such organisation it doesn't help your career growth.
From India, Mumbai
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