Questions & Answers
Unlimited contract termination due to COVID-19 without paying any dues
Hello,
On 17th March, I have traveled to India on my annual leave (approved by the company) and I was supposed to return on the 10th of April but due to the Corona outbreak, all the flights were canceled so I am stuck in India.
Now last week, around 26 or 27th April, my company called me and they informed me on a phone call that, due to this unexpected situation, we are not getting any new business so we decided to remove you from my position at the company with immediate effects.
They have not even paid me my annual leaves. Now without giving any notice, they simply asked me not to continue with the company, and they are not ready to pay anything, giving an excuse for the loss of business.
I have joined this company in September 2019. My contract is an unlimited contract. Could you please let me know if I open the case against my employer, can I get the end of service benefits?
They also said we can continue your visa if you want to come back to look for another job.
If you have completed the probation period, then they have no grounds to terminate you especially when you are on vacation. They have to give you your dues, pending salary, notice period compensation, 2 days per month of annual leave since you worked for less than a year.
Under such circumstances, the court may grant you arbitrary dismissal compensation between one to three months, but you must come back as soon as possible and file a case as to cancel your visa. They will file an absconding case.
