Questions & Answers
Termination due to redundancy and notice period
Hello.
I have been working for one company a year and a half. Yesterday, I was told that due to redundancy they don't require my services.
The letter they gave me is extremely controversial- stating that my contract is terminated with immediate effect, and on the other side, I am asked to serve a one-month contractual notice.
So my question is, is that legal? Am I entitled for more than one salary due to redundancy? Do I have to work for the notice since its immediate termination?
Thank you
Dear Sir/ Madam,
Thank you for getting in touch with me on this issue.
Under your labour contract, if you are terminated or you resign, the employee is bound to serve a notice period of one month irrespective if the reason is termination or resignation.
Not serving the notice period may amount to the breach of law and you will lose your rights. It is perfectly legal for the employer to ask you to serve notice period.
However, the reason for your termination is redundancy which amounts to arbitrary termination, hence, you will be entitled to a salary for the notice period, three months salary towards arbitrary termination, gratuity, salary in lieu of leaves (if any) and air ticket to home country.
If your employer refuses to pay the above dues, then you are entitled to file a labour case against the employer company.
You may get in touch with me for further assistance on this.
Regards,
Hari Wadhwana
