Indian Kanoon - Illegal termination of employment - LawRato

http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city / court in India. Termination of employment cannot take place for any reason which is as per the whims of the employer. There has to be a fair, logical and sensible reason because of which there is termination of employment, otherwise such termination will be termed as illegal termination. There are a number of grounds of termination of employment which have been laid down by the law. Other than these grounds, termination of employment can also take place for reasons which are fair, logical and sensible in nature. Termination of employment which takes place for other reasons tends to be termed as illegal termination and if this can be proved in a court of law, it is most likely that compensation will have to be paid by the employer. If termination of employment takes place because the employer does not like a particular employee whose performance is sufficiently good, this will be considered as illegal termination of employment. This is because such reason does not come among the various grounds for termination of employment which have been laid down or is otherwise fair, logical and sensible in nature. Suppose employment of a person is terminated illegally and such person is able to prove this in a court of law. The employer will now be made to pay monetary compensation over and above the salary due which has to be paid to the employee in question. The terms of the employment contract have to be clearly kept in mind, however, when a claim for illegal termination is being made, since this is considered to be the final authority in case of private companies when it comes to any debate about the conditions of employment. The legal recourse starts by sending a legal notice to the company for the illegal termination and to recover any dues as per the terms of your employment with the company. In case of no reply to the legal notice one may choose to file a civil suit for recovery of legitimate dues like unpaid salary, salary in lieu of notice period not allowed to serve, PF, gratuity and so on. The labour and service laws have made a number of strict compliances that are to be adhered to when it comes to conditions of employment of labourers as well as employees. The conditions of employment are hence, regulated very strictly in India and the strictness of the laws ensures that there is no scope of the hire and fire philosophy anywhere in the country anymore. Advocate Anuj Aggarwal can be consulted for further information at https://goo.gl/DGkpVH or by calling at +91-9599000555.