Legal Advice

Termination without notice

Question: I'm working in a private company under a work agreement. That contract does not allow the employer to fire the employee without expiration of notice period. My company has terminated. The termination is without notice. The company has fired me without notice and expiry of a thirty days notice period. What should I do when a company has breached the terms of a work contract? My total service period is sixty nine months. Does an employee have any right if he is fired in violation of the terms of agreement?

Advise

Your service duration is sixty nine months. The employer cannot fire such an employee without compliance of the notice period. Compliance with the notice period is mandatory because it is mentioned in the work agreement. Both employer and employee are signatory then any deviation from the agreement is not possible. Thus the company cannot fire you in an arbitrary manner.

Termination of service without notice

If the employer suffers huge financial loss due to an illegal act of the employee then it can terminate the service without notice. In this situation the employer does not follow the notice period mentioned in the agreement. The employee works as an agent of the employer so he should not do any illegal act in the course of employment. If he did so he breached the agreement. Therefore, the employer can fire him without notice.

Also read: Termination of service on leave without permission

Termination after notice period

If there is no breach of agreement on the part of the employee the employer is bound to obey the terms of agreement. When an agreement explicitly mandates that the employer should follow the notice period before termination, he cannot terminate the service without notice. 

You did not breach the agreement. You have served the employer for more than five years. Such a long tenure of service itself proves that you are a good employee. Therefore, the responsibility lies upon the employer to give you a fair exit. The terms of agreement must be followed while terminating your services. If the employer wants to terminate you immediately he must pay the salary of thirty days. 

You should send a legal notice to the employer for breach of agreement. When notice period is mandatory its non performance will lead to a breach of agreement. Give a reasonable time to the employer to reply to your legal notice. You should seek a valid reason for termination and compensation for the non compliance of notice period. 

If the employer does not reply to your notice then you should file a case before the labour tribunal constituted under the Industrial Dispute Act. you are entitled to get salary for the notice period and compensation for the breach of agreement.

Shivendra Pratap Singh

Advocate

High Court Lucknow