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pooja rani (NA)     18 November 2015

Women fired form mnc, cheated and misused

I got new job on 29th june. The company offered me good salary. I worked there for 4 month.There was a probation period of 3 month in that comapny. I cleared that probation period.
the project for which i was working was of some different client. my company has hired two people for that project . one me and one boy. suddenly they told me after 3 months that my contract for that project is over and i have come to bench where as my colleague is still working. My company have not disclosed about any contract to me before the time of joining. when i come to bench, they shared one document in which they have clearly mentioned that they give some options to employee on bench and expect from employee to opt for that option within 3 month. if employee does not select that option, then company will provide only basic salary to employee. Now what happens in my case, i joined company on 29th june. i was told on 30th sept that i have now been released from project ...they have not given any reason to me. when i asked, they just said due to cost cutting, my contract was over where as they have not disclosed that it was decided before my joining. I came to bench on 9th oct. i asked them many times to provide me project but they said that they dont have any project that matches my skill sets. suddenly yesterday (17th nov) they asked me to resign. I am very much disappointed now. I want to file a case against them. i have some reason for filing case mentioning below. i jsut need your suggession that are my points valid for filing case...If yes then i will take legal action against them. Points for which i want to file case are

1) i was not told about any contract before joining the job.company must have this knowledge and its their right to share the same with employee.The company have near about 500 employees and if they do the same with every employee.,,employee will get disappoint. I feel like i have been cheated and misused.

2) they have not followd their own policy that once employee comes on bench, they give optionsof project and expect employee to select that. and if employee does not select options for 3 month, thwy will start paying basic salary only. i was not given any option where as i have cleared my probation period

3)they have also mentioned in document that if employee is of different tech/domain, they cross-train for project and then allocate project. In my case, they use to say everytime that they dont have project that matches my skill set. I asked them many time to provide me project of different tech. I am ready to learn new skills but they did not agree on this.
They use to hire 4-5 employees every week but they fired me just because i am an experience resource and they dotn want to pay me my salary. they dotn bother about employee's brain. The project for whic they hired me, i saved a lot of money in that project by resolving many cost related issues. they didn;t consider that.

4) i also asked them to reduce my pay or just provide me trainign and during that training session , just keep my salary according to their own terms and conditions and once i start working ,t hey keep my salary as before but they were not agreed for this.

overall, they cheated me, misused me. I am going through mental harrasement now. Kindly tell me is my reason to file case against them is correct?
should i take legal action against them?

Its a question of my self respect.



Learning

 14 Replies

pooja rani (NA)     18 November 2015

i request viewers to share their response and tell me whether i am right or wrong

Adv. Yogen Kakade (+ 91 9225510883)     18 November 2015

Hi,

Believe me, it's a very common concept now a days. Even the companies are well prepared for it as they know the consequences in advance and they prepare the agreement their way. That's why we need to see the employee agreement executed by the company with you.

You can certainly take a legal action against the company if you think that you have been cheated. But to use those terms and interpretation of it in legal terms are different issues alltogether. Hence, you have to find what are the evidences you can collect before taking a legal action. 

Be confident, be prepared and go ahead. Take a help of a good lawyer who can guide you well. 

All the best

Regards

Adv. Yogen Kakade, Pune

juryconincorporation@gmail.com

www.juryconn.in

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 November 2015

Mam, 

 

You have a good case and I feel you should file the case in the Labour Courts. 

But in order to save the time and money, you start with the legal notice and see what result you could get. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


(Guest)

dear-
labor laws are there to protect workplace harassment, under paid etc etc and it all looks like a big joke when several posts like you come here asking the right on why YOU should not be fired..first of all ,understand the fact that you are hired by the company not married to the company where they have a life long commitment to keep. the company can fire or release you for any reason or NO reason and its cmpletely upto to them..there is difference between hiring a domestic help and marrying someone even it comes to our own household...so better stop demanding reaosns on why they SHOULD NOT fire you and do things to grow up in your career ladder.

 if you still want to hold the grudge, apply for the same company after some time, demand a huge salary and if they are still feel ok condiering your skills deserve it , make them wait for your join date and then finally SHOW THEM YOUR BACK..

Kumar Doab (FIN)     18 November 2015

You have posted that "they shared one document in which they have clearly mentioned that they give some options to employee on bench and expect from employee to opt for that option within 3 month". Where from this document was produced all of a sudden? The labor law is last to come first to go. So the boy should have been asked to go. Demanding resignation is offence. You can claim retrenchment. Consult an able labor law consultant ASAP.

pooja rani (NA)     19 November 2015

@ legallearner , 1)Let me tell you one thing very clearly that ITS NOT A JOKE. Its about my self respect, my hard work, my dedication I gave to company's work. If any company is aware in advance that,  the work for which they are hiring  will last for 3-4 months, they specailly mentioned in their joining letter and inform employee in advance that its on contract basis. But in my case, my company didn't mentioned this to me. They hired me directly where as they were very much aware that the work would last only for 3-4 months.

2)I completely understand that I am hired by company and not married to company, But at this point i would liek to tell you that companies have some rules. Its not like they will hire someone, then get their work and then fire after 3-4 month.They can fire if an employee is in probation period. BUt is its a permanent employee, then they should give option/or chance to employee to work on other projects which didn't happen in my case.

@Kumar Doab, They shared the document with me when I came to bench after 3 month of completion of project. They share with all those employee who come on bench. That is their bench policy document. Here are the points they have mentioend in their document

 

Opportunities shall be continuously and actively sought for all members on bench pool.
 company encourages employees to get cross-trained and be open to opportunities across different domains.
 The members shall not deny an available opportunity while on bench.
 If an employee is on bench pool for more than three months, has denied opportunities of possible allocation and no suitable opportunity seems to be in store, the employee shall be paid only basic pay from the fourth month while on ben chtill he/she is allocated to any project post which the employee shall be eligible for gross pay as per CTC.
 Appropriate action will be taken considering interest of both the employee and the organization.

 

Company did nt follow their own rules..

pooja rani (NA)     19 November 2015

@ legallearner , 1)Let me tell you one thing very clearly that ITS NOT A JOKE. Its about my self respect, my hard work, my dedication I gave to company's work. If any company is aware in advance that,  the work for which they are hiring  will last for 3-4 months, they specailly mentioned in their joining letter and inform employee in advance that its on contract basis. But in my case, my company didn't mentioned this to me. They hired me directly where as they were very much aware that the work would last only for 3-4 months.

2)I completely understand that I am hired by company and not married to company, But at this point i would liek to tell you that companies have some rules. Its not like they will hire someone, then get their work and then fire after 3-4 month.They can fire if an employee is in probation period. BUt is its a permanent employee, then they should give option/or chance to employee to work on other projects which didn't happen in my case.

@Kumar Doab, They shared the document with me when I came to bench after 3 month of completion of project. They share with all those employee who come on bench. That is their bench policy document. Here are the points they have mentioend in their document

 

Opportunities shall be continuously and actively sought for all members on bench pool.
 company encourages employees to get cross-trained and be open to opportunities across different domains.
 The members shall not deny an available opportunity while on bench.
 If an employee is on bench pool for more than three months, has denied opportunities of possible allocation and no suitable opportunity seems to be in store, the employee shall be paid only basic pay from the fourth month while on ben chtill he/she is allocated to any project post which the employee shall be eligible for gross pay as per CTC.
 Appropriate action will be taken considering interest of both the employee and the organization.

 

Company did nt follow their own rules..

Kapil Yogesh   19 November 2015

Hi Pooja, Corporates always well prepared to face this kind of stand off. Can you tell what evidence you have to sue them?

Kapil Yogesh   19 November 2015

Hi Pooja, Corporates always well prepared to face this kind of stand off. Can you tell what evidence you have to sue them?

pooja rani (NA)     20 November 2015

HI Kapil,

 

Yes I have few evidences...

1) i have a mail and screen shot where they have cleared my probation period of 3 months

2) They have also updated the same in thier database and it is shown in their website that i am a regular employee of them

3)I have a bench document which they shared with me in which its clearly mentioned that they cross train employee for different tech in employee is in bench

4) i have skype shat screen shots where i have asked many times to them to provide me project of any technology,.I am ready to elarn new technology.

5) they have not given me any written reason for firing.

6) Nothing mentioned in offer letter about the contarct whcih was over on 9thoct. They have not tell me anything about their contract.

7)I have appreciation mailsfrom my manager and cleint for  my work.

8) they have not given me reason for firing on mail.

Are these evidence sufficient or do I need to collect other evidence ?

 

pooja rani (NA)     20 November 2015

every time i asked for project, they said they dont have project matching my skill sets.They were not ready to provide me the trainings.Every time they said , I am a seniour resouce and managers from other domain are not accepting my resume.

They were not ready to cross trained me where as they ahve mentioned in their bench policy document that they will cross train employee on bench and will provide an option to employee for project. I was not given any option. 

They use to recruit peopleon daily basis. They could have provide me other project but they were least interested because of my skill set.

Where as MNC gives chance of project to their permanent employee.

pooja rani (NA)     20 November 2015

they have not mentioned any termination clause in my offer letter

pooja rani (NA)     20 November 2015

i have not signed any resignation letter and have not returned their laptop yet. I have told them that i shall come to their office on coming saturday for these formalities.

 

Should I go and return the laptop and should I signresignation letter? need help

pooja rani (NA)     20 November 2015

i have not signed any resignation letter and have not returned their laptop yet. I have told them that i shall come to their office on coming saturday for these formalities.

Should i ask them to provide me the reason of firing on mail?

Should I go and return the laptop and should I sign resignation letter? need help

 


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