Business today is cut-throat.
With powerful Ivy Leaguers in suits dominating boardrooms, and their IIM/ISB counterparts in India, the race to the top is filled with dangers. Which is why companies are constantly on the lookout to be smarter, stronger, faster. Any dip in their profit graphs, and their management immediately chalks out a strategy to cut down costs. Unfortunately, sometimes the human resource is the first one to be struck down.
Are you fired?
The word is "lay off". You are sacked or fired from your job without a reason. Welcome! You are a victim of "illegal termination". Microsoft, IBM, and many others laid off thousands of its employees in 2016, whereas Ola shut down its subsidiary Taxi For Sure, without any call to its workforce. This has become a common sight in recent years.
There are litigations pending before the Apex Court of India where the IT sector has sought relief to be terminated suddenly without a notice. The decision is, however, still pending.
Being called off from your duty so abruptly, you are probably blank and clueless about the next steps. Mind you, you have got your Appointment Letter and in that hour of happiness of getting on a payroll, you didn't read the fine print in black and white. It spoke of the termination terms and conditions, amongst others. To arm you, it contains a clause entitling either party by a certain period of notice or salary of in lieu of such notice to terminate employment. Go, fight your battle.
The base to every law in India
The Principles of Natural Justice are the very base of Indian law system - which states that a reasoned order be passed by the judiciary for taking any action. This proves the ground on which any judgement has been passed. Thus making it fair, just and equal to one and all. Any decree or judgement passed by the judiciary with a reason is void ab-initio. Hence, an illegal termination is a clear violation of the basic principle of the Indian law of Natural Justice.
India & Labor Laws
No need to panic, as the Indian Laws holds steady on these grounds. The current amendments brought in the labour laws by the Government of India are indicative of providing shelter to the employees from such grave uncertainty.
Nonetheless, you can recover your dues by claiming it before the Court of Law either under civil laws or under criminal laws. However, I would not rule out the option of an amicable settlement between the employee and the employer. Check your appointment letter: does it have an Arbitration clause? If yes, you can invoke the same by writing to the named the Arbitrator under the Arbitration and Conciliation Act, 1996 to resolve the dispute amicably between you and your ex-employer.
Let's build our claim lawfully
Moreso, even by recording the grounds for your termination, you have a right over earned money and can recover your salary by first writing to the Human Resource Department so as to develop your case, and prove your bona fide in the case filed by you before the Court of Law.
Under civil laws, you can file a Recovery suit wherein you can claim your dues along with damages- compensation and all other exemplary costs including mental harassment and agony.
In the case of J.K. Shah vs M/S. Birla Cotton Spinning & Others, 2006 where the case filed by the ex-employee was won against his ex-employer with special damages and a no objection certificate to get access to his provident fund without any further harassment.
Mind you, it's a time taking process and the Indian Judiciary being burdened with litigation, will test your patience.
Under criminal laws by challenging the termination letter, you can claim for breach of trust under the Indian Penal Code or violation of the contract under The Indian Contract Act.
Even if you don't get a relief in the trial courts, you do not need to lose hope, file an appeal to the Apex Court.
However, in this vast ocean of laws, it makes it tough for an employee to juggle with laws in his favour. At such juncture, we need a compilation of all such laws relating to employees in any company and a judiciary which provides for faster reliefs by way of decrees.
