what action can be taken by an employee if he is terminated

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NAND KISHOR BAHETI (Querist)

27 June 2008 one of my friend employed by a pvt ltd company is terminated by his employer without giving him any pre intimation and any reason of termination. employer is not paying his salary.he joined the co. before three months and his p.m. salary is Rs 7000.can he take any legal action against employer please reply.

Satish K Sekhar.ACCA

Satish K Sekhar.ACCA (Expert)

27 June 2008 yes he can initiate appropriate legal action against the employer.

I hope your friend is holding appointment letter issued by the employer, salary slip, if these are not there, I think he must defenitly have the record of salary paid to him by the company through cheque.

These records are enough to prove that he was working with him.

Then it is to prove that he was removed from the service without any reason. It depends on the documentary evidence he can provide.

It is better to try for an amicable settlement as amount involved is very small compared to the kind of ordeal you may have to go through once this matter reaches a labour court, which may not be worth.

Amit Bajaj

Amit Bajaj (Expert)

01 July 2008 I agree with Satish, please check the amount involved, before you take any further step

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)

09 March 2012 Normally companies have a policy of probation period. During the probation period the services can be terminated by either party without giving a notice and without payment of any penalty.

See the terms of employment for the probation period.

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