Termination by Employer
Hello Lawyers,
I am a manager in an organization. They one fine day called me and said that they are shutting down the division for which I am working in and they would not be able to continue with me so they will pay me for one month and my last working day will be 30 days from the day of our conversation which is as per contract. However, they have not given anything in writing to me. Further more, they called me again after 10 days to write a formal backdated resignation and all of this is recorded on the phone call as well as WhatsApp. I do not wish to continue with this organization and I want to know what compensation can I ask for and what can I do here in this case to file a suit against the organization for termination without any written notice and harassing me to give it in writing to them.
The contract states the following -
Notice Period: Your services may be terminated at any time by either side, after giving the required
notice.
i. During probation, your services may be terminated at any time by giving 7 (Seven) days’ notice.
ii. After confirmation, your services can be terminated by giving a notice period of 30 (Thirty) days
(or as specified in appointment terms & conditions). However, in case of indiscipline,
insubordination, non-performance, dishonesty or negligence, the Management shall be at liberty
to terminate your services without notice and payment in lieu thereof. Notice of resignation needs
to be served in hand written note or from official email id.
14. Relieving: After a required notice has been served by either of the parties as above, the management
retains the right to either require you to serve the full or part of notice period as above, or may at its
entire discretion decide to waive off this requirement, partially or fully. In the event the management
decides to waive part or full of the notice period requirement, it may at its entire discretion insist on
compensation / salary equivalent for the period waived, or may even waive that condition, partly or
fully. In case management decides to terminate your services, it may do so, by serving upon you the
required notice as per the requirement above, and may or may not choose you to serve the notice
period. In the event, management does not wish you to serve the notice period, it may compensate
you by paying you salary for that period. (Only in cases where there was no misconduct, no breach of
integrity / fraud / dishonesty / financial misconduct).
Immediate help will be appreciated.