Bpo - process didnt come - asked to leave - no compensation
SURJIT MEHRA
(Querist) 21 May 2013
This query is : Resolved
Hello sir,
I am working with the Outsourcing Industry for over 6 years now.
I joined XYZ BPO on Feb 25th, 2013. They provided training for a month however, the new (pilot) US process kept on delaying. The company attributed delay to some "technical issues at client's end". On 26th April, 2013 the company "LIED" and announced 97% chance process with them, 3% chance process MIGHT NOT come to them but assured that in any case, it will retain everybody in another process that they already have with them without any cut or decrease on the salary that they had offered.
However, the following Monday, the office cab did not arrive. On contacting, they said company will give full and final chq. for the total amount till the last working day i.e., 26th April on 15th May (Just 26 days salary, not even 30 day salary .... and also, they could have given that F&F chq. on 30th April or 01st May instead of further delaying it for next 15 days).
The company appointment letter has the following clause in it :
"During and after the probation period either side can Terminate this employment contract by giving 30 days' notice period or salary in lieu of the same. The management reserves the right to waive off the notice period. Your probation period can be extended at the discretion of the
management. The aim of this clause is to minimize the unnecessary disruption of business. The company reserves the right to terminate your employment on ground of policy, misconduct or unsatisfactory job performance."
However, this company didn't inform the trainees of mishappening going to take place and kept news of “process NOT
with them” in wraps. Had they made me aware of this mishappening, It would have given me time to prepare for this eventuality.
I want to sue this company and claim
damages as it has caused me trauma and agony. I have family to take care. It's been close to a month now and I am unable
to secure a job as I am 34 and the bpo's hesitate when they are getting fresh graduates.
I want to claim damages for this loss. At least a minimum of month salary if I go by above-mentioned clause in the appointment letter (IF IAM NOT WRONG).
Please advice, how can I take it further ...
Raj Kumar Makkad
(Expert) 21 May 2013
Neither terms of the appointment let you allow to agitate against the decision of the management wherein it has clearly been mentioned that the period of notice can be waived off by the management nor it is economically feasible for you to sue the company as the case shall take at least 3 years to decide and the cost of litigation may not be lesser than Rs. 25,000/-.
One should always be prepared to suffer any eventuality in private sector.
