Oct 27, 20201 min

When can your company terminate your employment?

Updated: Nov 2, 2020

--By Advocate Ankita Sarangi--

In contract, both the company and its employee are bound by the terms and conditions and an employment/contract can only be terminated after having followed a due process.

Can your company/organization force you to resign?

As per the Indian Contracts Act such a termination will be considered invalid or void if for instance the employee was forced to resign against their freewill or if there was no termination letter provided, it will be considered an invalid or illegal termination. Incase there was no reason assigned for terminating, then too that could be held against the employer. There are several reasons why a superior might "blackmail" to terminate your contract with future ramifications or consequences incase you do not give resignation on your own.

Furthermore, in a huge company it is common to be in conflict with your immediate senior from time to time who might complain/report against you, arbitrarily, or without a legitimate cause, for "professional misconduct" or one not performing well, that too is illegal because due process or a proper procedure was not followed.

If an employee is logged out/ banned from his company account or his entry has been banned from the premises then too it shall be held illegal because principle of natural justice was not followed by not

allowing him to state his defense before a proper forum.

There are several other ways to protect yourself from illegal termination.

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