Can employer treat termination as resignation without my consent?

After completing 9 months of probation, my employer terminated my employment without prior notice, stating I would not be confirmed and treating it as my resignation—even though I never submitted a resignation letter. They paid me a reduced amount for the final month without explanation. Which labor laws are violated in this case?

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Advocate By LEAD INDIA Answered: 23 Apr 2025

This may be a violation of labour laws regarding termination during probation and wage payment. If no resignation was submitted, the employer cannot treat it as such. You can file a complaint with the Labour Commissioner for wrongful termination and underpayment. Keep salary slips, appointment letter, and any communication as proof. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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