Questions & Answers
Eligibility of compensation for arbitrary dismissal post renewal
Hi Sir,
Good evening.
Please, I need your guidance. I have been working in a construction company for 15 years as a civil engineer. My last visa got expired on 25.02.2019 & I had done my medical on 17.02.2019.
But meanwhile, I got a termination notice on 20.03.2019 in which I have been given time till 17.04.2019. But meanwhile, my company renewed my visa as well which is valid until 2021.
Am I eligible to get a salary until 17.04.2019 only (1 month) or the company has to pay for 3 months as my contract was terminated immediately after renewal?
My visa was issued on 17.02.2019 and I got the termination notice on 20.03.2019.
Thank you
Dear Questioner,
Thank you for getting in touch with me on this.
Please advise whether your contract is limited or unlimited in nature. I am assuming it is unlimited for the advice.
You are eligible to claim three months of salary as compensation towards arbitrary dismissal if the termination is without any reasons related to work (for eg redundancy, restructuring...etc).
Please note that you are entitled to compensation for up to three months and not three months, the period of compensation is at the discretion of the judge.
In summary, you will be entitled to claim your notice period salary, gratuity, leave salary (if any) and compensation towards arbitrary dismissal.
I trust you will find this helpful.
You can get in touch with me on 052-9495731 or email for further assistance and clarification.
Regards,
Hari Wadhwana
