1) what i s your designation in the organisation ?

2) it is necessary to peruse your employment contract to advice .

3) make representation to your employer that you had incurred substantial resettlement costs which were not reimbursed by the employer

4) fixed-term worker” is governed by section 2(oo)(bb) of the ID Act. A fixed-term worker is the one who has been appointed for a fixed period, that is for a specific time. Once the employee has accepted a fixed-term appointment letter, he has agreed to work for the fixed period his termination as per the contract would be valid. No retrenchment would be required to be complied with.

1) it is your case that your work has been satisfactory

2) the employer who intends to terminate the contract must give notice to the employee in writing.

The notice period to be given must be as per contractual terms agreed upon at the time of employment.

3) in your case if contract provides for issue of 2 months notice in case of termination by employer and you have been given said notice chances of obtaining reliefs from court would be bleak

Hi

you should send a legal notice demanding compensation for the termination before the contract over.

if not respondent properly approach a civil court against the employer to reinstate and pay adequate compensation. .

If the company send you away due to reasons of financial crunch, it has to follow the proper procedure and you should have been compensated accordingly . You should also have given an experience letter .

There seems to be a breach of contract by your employer in as much as the contract has been brought to a premature end without any justifiable cause. You can issue a legal notice to the employer to demand compensation for breach of contract and then move the competent court if the demand is not made.

Now this employer has break my contract before the due date.

Can i sue the company for this injustice. Is any legal rule is in place to safeguard my interest.

Your advise is anticipated in this issue.

As you were aware that this contract was only for two years with the condition that the employer can terminate the contractual employment by giving two months notice, what is the illegality you have found in the employer's action of terminating your contract?

What is the injustice that the company has done to you that you want to sue the company.?

Company's finance position will be known on a better manner to the employer and not the employee.

if you have shifted your family on your won from your ative to Delhi, how can you hold the company responsible for your action?

In a temporary employment, it was your duty to analyse all the factors before shifting your family.

In my opinion, I dont think you can have any relief against the employer, legally.

My current organisation is a subsidiary of a foreign company, and one of the foreign Director has taken

this decision, while the sole Indian Director who is acting as a Managing Director is against my

termination.

But the voice Indian Director is not listen.

As I opined in my earlier anser, the employer being a foreigner may not listen to you or will pay heed to any of your letter or mail.

The Indian MD herself has no voice to support you, how do you think that you can fight against the company?

In my opinion, you may look forward for a better company instead of fighting a losing legal battle in this respect.

you can file a suit for compensation under section 39 of the indian contract act. employer cannot take false defense he has to prove that he cannot pay salary to the employee due to weak financial condition of the company.

according to the labor compensation act company is bound to take prior permission of the labor commissioner before termination of employee on the ground of weak financial condition, because in this condition company will pay compensation according to the scheme approved by the labour commissioner.

hire and fire rule is not applicable in india.