Termination
I am working in an MNC, my nature of duty is of supervisory nature and my salary is more than Rs. 10000 per month. On 30/11/17, the management sent me a mail, writing that my performance is poor and that even after giving me chances to improve my performance (these are documented), I have shown no improvement in my performance. They also wrote that if no satisfactory explanation is received from me within 2 days, they will proceed to take appropriate actions against me following the Company procedures.
The Company asked me to give a satisfactory explanation within 2 days for the mail sent to me on dated 30/11/17. After that they extended the time to respond, twice and then finally sent me a mail on dated 11/12/17, that if I still did not respond to the mail sent till 14/12/17, they will terminate my services with immediate effect as per clause 24 in my Appointment letter. During this period, I sent them a mail on dated 01/12/17, that I will be giving multiple responses, and that no time limit for the responses can be given by me. I sent them a mail on 08/12/17, asking clarification on certain statements from the mail sent by them on dated 30/11/17. But they wrote me back that the letter is self explanatory and no clarification or explanation can be provided. On 13/12/17, I sent them a few mails, out of which 2 were response mails, but mentioned in these 2 mails that these are not my final responses. Now can they forcefully state a date, till which I have to provide all responses? Can they terminate, even if I mail them before termination, that my responses are not over?
The nature of duty performed by me is that of supervisory and administrative nature. But I have even worked like a workman/operater for sometime (about 20 days) in the Company. Will I be considered a workman in legal terms?
Can the Company terminate me without any charge sheet, inquiry etc.?
I am currently on 5 day rest due to chest pain advised by doctor. Can the Company terminate me while I am not going to Company, telling the management that I want rest?
If I do not go to the Company anymore, telling them that I am in pain. Can the Company still terminate me? Please note, the Company has its own doctor at the site. Also there is a clause, Clause 1, in my appointment letter linked Company's medical fitness?
What if I do not receive the termination letter, when served? Can they send me at my personal email ID? Can they send the termination letter to my home?
If I prove that one or more of the statements from the mail sent to me on dated 30/11/17 is false, then after termination can the termination be called illegal?
If I approach labour commissioner, and tell about what company is doing with me, about false statement in the mail sent to me etc., will it be of any use?
Can I get a stay from the Court on termination, fearing that they are about to terminate me? If yes, what is the procedure and charges for it?