1) CAN AN EMPLOYEE BE TERMINATED FROM THE COMPANY WITHOUT ANY NOTICE?
In India, labour laws are primarily governed by the Industrial Disputes Act, 1947, which outlines regulations related to termination, layoffs, and
retrenchment of employees. The general rule is that companies are required to provide notice before terminating an employee’s services. However,
specific circumstances, such as gross misconduct, breach of contract, redundancy, or probationary periods, may warrant immediate termination without notice. It is important for both employers and employees to be aware of their rights and obligations under labour laws and employment
contracts.
Employees who believe they have been unjustly terminated without notice may seek legal recourse through labour courts or industrial tribunals. They can challenge the termination and claim remedies, including reinstatement, back wages, or compensation, depending on the circumstances and merits of the case.
2) CAN AN EMPLOYER RETAIN THE ORIGINAL DOCUMENTS OF THE EMPLOYEE BECAUSE OF EMPLOYEMENT BOND ?
Section 27 of the Indian Contract Act, concerns a special category of contracts which the law treats as void, namely, an agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind and is to that extent, the agreement is void.
First of all, employers have no right to retain original certificates even as security against notice or notice pay. If an employer refuses to return original certificates, the employee has the option to file a Police complaint against the employer. Aside from filing a Police complaint, approaching the Government Labour Office or sending a legal notice to the employer are other options that may be explored. Even case can be filed against them under IPC Section, 374, 405 and 503.
3) CAN AN EMPLOYER HOLD THE EMPLOYEE SALARY FOR NO REASON?
As long as an employee reports to work, he is entitled to receive his salary. In case the employee doesn’t show up for work, no-call no-show
guidelines can be followed. But if an employee has given his written consent for holding the salary, the employer can put salary on hold.
Filling a suit against the employer as specified under employment laws.
1. Taking help of a legal advisor and issuing a legal notice to the employer for payment of pending dues.
2. Filling an FIR against the employer for the breach of trust of the employment contract.
3. Reaching out to District Magistrate or the Registrar of Companies (ROC) to complain about the malpractices of the company.
4. Reaching out to the labour court and claiming there for the salary from an employer legally.
4) CAN AN EMPLOYEE LEAVE THE COMPANY BEFORE NOTICE PERIOD WITHOUT PRIOR NOTICE?
No, not serving this notice period can lead to several consequences:
1)Failing to adhere this can be seen as breach of contract, hence the company would take legal actions against the employee.
2) The employer might withhold the final statement such as unpaid salary, bonuses, or any other benefits until notice period.
3) There is a risk that the employee might not receive the Relieving letter which may make it challenging for the employee to prove his/her previous employment.
4) Blacklisting the employees for not serving the notice period may make it difficult to find similar jobs.
5) The employee might have to bear the legal fees and have to pay for the damages