Employee harassment
Sanchita
(Querist) 14 July 2017
This query is : Resolved
One fine day I was fired by HR and my boss with the invalid reason and without a prior notice. They said client does not want you to work on the account when I told hr that I have never met client she said no to discuss with anyone and will give you 3 months of salary.
I complained abt the incidence to global team and chairman also but no one is ready to admit co. Mistake. What should I do now?
P. Venu
(Expert) 14 July 2017
No suggestion is possible unless the complete facts are posted.
Kumar Doab
(Expert) 14 July 2017
Have you been terminated?
Or are you asked to resign?
Kumar Doab
(Expert) 14 July 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by
you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all
years, ESIC card,?
You are in which state?
Since how many months you have been working?
Has client stated anything to you in writing?
Has employer stated anything to you in writing?
Has employer provided you with copy of any written communication of client?
Rajendra K Goyal
(Expert) 14 July 2017
If some of the appointment terms were violated you have cause of action for relief.
Kumar Doab
(Expert) 15 July 2017
Simply said; you have been asked to resign without providing any tangible/prudent reason (on record) to you?
Probably the carrot of notice pay (3months) has been offered.
In case you resign without notice period employer may not tender notice pay and may square off your dues.
Probably the dagger of termination is not flaunted so far.
A smart and sharp employee can handle all situations by her/his skills.
Other employees that do not have such skills can lean on their counsels and unions…..
Kumar Doab
(Expert) 15 July 2017
Has any offer of 3 months salary in advance been made to you?
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
If the employee has been terminated without any valid reason but simply invoking a condition in the employment offer letter, the employee can approach high court with a writ petition seeking to stay the orders of termination by the company and to reinstate.
Before that the employee should create evidence for having exhausted the remedies within the organisation y making representation in writing to the top management and get his reply and reason for not considering your representation.
This may bring some respite, however the labor commissioner may not have any jurisdiction in this hence it would be waste of time to approach the commissioner of labor on this subject.
Advocate Suneel Moudgil
(Expert) 14 July 2017
