I am a 27-year-old female ,applied for ABYB Program with Axis Bank in 2019 for Assistant Manager (AM) position. Program involves: 1. Purchasing a specified course from a specified university by paying Rs 3 lakh 80 thousand. 2. Becoming an AM with Axis Bank. Enrolled in the program, solely due to their job guarantee,the course has no value otherwise, financed by Axis Bank @13 % interest. Became an CSO with Axis Bank in June 2020. In June 2022, my role changed to Teller (Cashier). Received termination notice on August 30, 2023, effective September 2, 2023, but allowing me to work even after this period. Later, on September 18, 2023, while on medical leave, received a termination letter. Termination reason: "Poor Performance," without specifying details. No Performance Improvement Plan (PIP), performance-related emails, or show-cause notice during the past 1.5 years. Still have outstanding amount of Rs. 2 lakh for the loan issued for this employment program. The termination letter which I received on my mail did not bear the name, designation, and signature of any official of the bank. It ended with "Regards, Human Resources, Axis Bank." I have sent mails to HR and other officials, but they are not responding. The most insensitive thing they did was to terminate my employment soon after they heard that my marriage had been fixed. my questions are 1. Is the termination letter without the name and designation of an authorized officer valid? If not, what should be my next move if they did not give a valid termination letter? 2. Which is the right court to challenge the termination in my case, Labour Court, Civil Court, or High Court? 3. I believe Axis Bank engages in making the purchase of a course a precondition for employment and then terminates employees on false grounds. Can I file a case of cheating (Section 420) and criminal conspiracy? 4. Can I file a suit for damages and ask to compensate me for the amount that it charged (ABYB program fee + interest charged)? 5. I cannot pay the loan since I was terminated by the bank itself. What should I do legally to stop the payment of the loan?
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1) you are bound to repay the loan
2) if you fail to repay loan then lender will sue you to recover dues with interest
3)you would not be granted any compensation as employer is at liberty to terminate your services on grounds of poor performance
4) no case of cheating is made out as there is no intention to decieve . if your performance is poor employer not bound to retain you
5) if you fall within definition of workmen then you can challenge your termination before labour court
Bette file suit to claim damages and compensation in Civil court or labor court
1) You termination letter is valid.
2) you can file case in the Labor Court of your city.
3) Yes, you can file case against Axis Bank
4) Yes, you can ask for damages and ask for your money with interest.
5) Don't pay and send them a letter by giving all the points above termination reason.
Dear client,
Termination Letter Validity:
Appropriate Court:
Cheating and Criminal Conspiracy:
Suit for Damages:
Loan Payment:
- As per law, an employer can terminate its employee , if found guilty of wilful insubordination or disobedience; theft, fraud, or dishonesty; wilful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behaviour during working hours; or habitual negligence of work.
- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice.
- Hence, as per law, the company cannot terminated you without a notice of one month or as mentioned in the offer/appointment letter .
1. The termination letter should be properly informative after giving the cause of termination and the designation.
- You can refuse the acceptance of this notice through email
- If they not allow you to continue the work , then send a legal notice for restoration of job.
2. Labour Court
3. You can file a complaint against the bank for the said reasons.
4. Yes,
5. File a complaint and mention that you want to give your services and to pay the loan as promised at the time of joining the job
Madam,
You are suggested to send a legal notice to management of the bank and then approach the labour court regarding the employment. Ohter issues such as Criminal case of cheating and recovery also may be filed but not in labour code.
1. The termination letter signed by a designated officer without their name or particulars is still valid because the official is acting on behalf of the organisation and not in the individual interest.
2. If you are coming under the workman category you can approach the deputy commissioner of labor within your residential jurisdiction and seek relief or remedy to this termination which you consider to be invalid.
3. This will not come under act of cheating because you have voluntarily opted for the course without understanding the conditions.
4. You will not be eligible for any damages becasue the course was offered to you and you have completed it, there is no question of cheating or damages.
5. As the loan was availed by you and have signed the papers for loan, you are liable to return or repay the loan with interest.
Yes you can challenge the same by filing suit in labour court for the same. You can seek compensation for illegal termination in above case
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
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Best Regards
SPS Law Chambers
New Delhi.
