Arbitrary dismissal of an employee without warning or notice

Dear Questioner,

Thanks for writing to me.

From the above short description, I understand that you are being terminated from employment arbitrarily or unfairly.

This means your employer is terminating the contract without justifiable reasons. Article 122 states that a worker's service shall be deemed to be arbitrarily terminated by his employer if the reason for termination is irrelevant to the work.

Article 123 states that, "where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage."

You may request the employer to release the compensation and if he fails, you may file a complaint against him in the ministry. Please note that this action will not take away your right to claim gratuity.

Hope the above explanation is satisfactory. Please feel free to contact me if you need any further clarification or assistance. Thank you.

Regards,

Rajasree Ravivarma