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Wrongful termination, also known as unfair dismissal, refers to the situation when an employee is dismissed from their job for illegal reasons or if company policy is violated when the employee is fired. The labor laws in Pakistan, including Gujranwala, provide certain protections against wrongful termination. The West Pakistan Industrial and Commercial Employment Ordinance, 1968 is applicable here and it sets out the procedures that must be followed prior to terminating an employee, among other employment-related matters.
It may be essential to consult a lawyer if you believe that you have been wrongfully terminated. A lawyer can provide advice on whether your rights have been infringed upon, help you understand the often complex labor laws, and represent you in any disputes or court proceedings. Some common situations where you may require legal help include being fired without notice or valid reason, discrimination, retaliation, or refusal to pay severance package, etc.
As per the local labor laws, specifically the West Pakistan Industrial and Commercial Employment Ordinance, 1968, an employer cannot terminate an employee without giving them proper notice or wages in lieu of a notice, unless the employee is found guilty of misconduct. Furthermore, any termination based on race, religion, gender, or ethnicity is considered illegal. Employers are also required to pay a severance package in case of termination without any fault of the employee.
Any dismissal that contravenes the provisions set out in the West Pakistan Industrial and Commercial Employment Ordinance, 1968, is considered wrongful termination. This includes dismissal without proper notice or cause, based on discrimination, or in retaliation to an action of the employee such as filing a complaint or joining a trade union.
You are encouraged to seek legal advice immediately. Collect and preserve any evidence that supports your claim. This might include email correspondence, witness statements, etc.
Getting your job back will depend on the circumstances of your case and the ruling of the court. However, in certain cases, the court might order reinstatement of the employee.
If you are successful in a wrongful termination claim, you may receive damages which can cover lost wages, future lost earnings, and more. The court may also award punitive damages in rare cases.
The time limit for filing a wrongful termination lawsuit can vary. It's crucial to consult with a lawyer immediately to ensure you do not exceed the limitation period.
The Punjab Labor Court in Gujranwala is a valuable resource. It handles matters related to labor disputes including wrongful termination. Furthermore, various trade unions and organizations act as advocacy groups for labor rights. Online legal platforms also provide general guidance and lawyer directories.
If you believe you have been wrongfully terminated from your job, the first step is to consult with a lawyer experienced in labor law. They can provide you with advice tailored to your case, help you understand your rights and legal options, and guide you through the process of filing a claim. Remember to bring relevant documents such as employment contracts, termination letter, and any additional evidence that can strengthen your claim.
