Job Termination

I joined a Manufacturing company on 27 April 2021. I did not receive any joining letter they jus told me to come as an assistant accountant. I was receiving my salary into my bank account from company bank account my PF is also deducting.Today I receive a message on whatsapp from GM that ""performance is not satisfactory and improve ur performance within a month, failing which your service will b terminated"""" so My questions are:- 1. what are my rights in this situation. 2. will I get 3 month salary if they terminate me? 3. what are options avaible for me in this situation? kindly guide.

Free Legal Advice - labour and service laws

Posted by: Ishan Saxena

Posted on: 2022-01-15

Good evening Ishan. even though you never entered into a formal contract with the company, your salary slips are proof of your employment, temporary or permanent. in the absence of any documentation or rules of service, "unsatisfactory performance" is vague and arbitrary. i would suggest you address this issue directly with the HR or whoever is in charge and demand that you ought to be paid the 3rd month's salary even if your employment is terminated. If they refuse, you can send them a legal notice which usually suffices. If they still do not pay the 3rd month's salary, you can take them to court. However this is only if there was never any documentation or rules/regulations provided to you by the company at the time of joining. For any further queries, feel free to contact me. Regards Rishabh Pant Advocate

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