Wrongful Termination of Employment During (COVID19)Pandemic

Hello Everyone,✌

Welcome back once again, today I am back with an important topic which most of us are suffering from the major problem during this COVID pandemic. Most of the people are going through this problem. 

    Unfair dismissal or wrongful termination of an employee is construed as one and the same. Unfair dismissal is an act of removing or terminating an employee without assigning valid reason or on valid grounds. It is treated as unfair on the part of the employer if an employee is removed or terminated without giving him valid reasons for such major act, despite his compliance and discipline and not giving the opportunity of being heard which is also against the principles of natural justice.

🌟ARTICLE 41 OF INDIAN CONSTITUTION:-

"The State shall, within the limits of its economic capacity and development make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want."

    As employer and employee are parties to the contract of employment, such contract has laid down rules and condition regarding the employment and the employer cannot terminate any person from the employment in violation of such condition if any employer conducts such termination it will be termed as illegal, and action can be taken against such employment. Many employees have been laid off with reasons stating the poor performance of the employee, there is neither any proof provided nor any basis for such reason, further, in some companies, there were provisions regarding the training period in case of poor performance which has not been complied pursuing to COVID-19 nationwide lockdown which makes such termination illegal in nature, but no answer has been provided for relief of terminated employees.

✔  The Right to live and work is the fundamental right of every citizen.

• Termination of employment refers to the end of an employee’s work with a company.
• Termination may be voluntary, as when a worker leaves of their own accord, or involuntary, in the case of a company downsize or layoff, or if an employee is fired.
• A worker who is unemployed through no fault of their own may be eligible to receive unemployment benefit.
• 🆑A Public Interest Petition(PIL) was filed in the Supreme Court that certain media organizations have issued termination notices, imposed wage cuts, and unpaid leave to their employees during the COVID PANDEMIC.

Wrongful termination, or not following due process as defined by the respective state laws, will result in legal punitive consequences for the employer. In addition, the courts may order the employer to pay fines and award additional compensation to an employee that was terminated.

   I hope you like my blog and hope so it's helpful to you all.

until my next blog, stay safe and happy.

~Saniya Jaisinghani.