Injustice in bank job
Srikanth
(Querist) 13 June 2015
This query is : Resolved
Dear Team
My name is Srikanth. I completed my MPharmacy. I got a job in icici bank as assistant manager, got trained for 9 months at Bangalore. Later I got posted at Karnataka in sales field. I asked for role change as I had dust allergy. With out giving role change, instead extended my intern-ship for 9 months. After 6 months, they transferred me to Kerala. By showing sales as a reason, they sent me out of the system. I paid 4.2 Lakhs and moved out.
They no where mentioned that intern-ship is for 9 months. They didn't considered my request.
Kindly do justice to me.
I'm attaching the letter that I sent to hr. But I didn't received any response from corporate
I Lost my career by deviating the path. Now I became jobless because of these bank people's action.
Kumar Doab
(Expert) 14 June 2015
NO attachment is found.
In experts section option of attachment is not available.
You have not shared full facts.
Why did you have to pay Rs.4.2 Lacs to M/s ICICI Bank?
What do you mean by “By showing sales as a reason, they sent me out of the system.”? Were you terminated? Was any stinker, show cause notice, PIP notice was issued.
You were recruited on internship or probation period?
You may show the job advt,job application, interview call letter, selection letter,offer letter, appointment letter, HR policy/Service Rules and regulations etc mentioned in appointment letter, letter for initiation of Training/internship/extension of internship, medical certificate confirming allergy, your request for role change, transfer letter, FnF statement showing demand of payment of Rs.4.2 Lacs etc……………your letter to HR etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm, spend quality time with your lawyer, and proceed further under expert advice of your lawyer.
Rajendra K Goyal
(Expert) 14 June 2015
In private concerns the system and procedures are different. They seldom considers the request and personal problems specifically when targets are not achieved.
Try to get job preferably in line to your qualification than consult local lawyer dealing in service matters and show him all the documents.
Srikanth
(Querist) 14 June 2015
@Kumar Doab: We had an agreement with Bank for joining in their bank.
Yes, they called me and said me to move out of the bank by paying the loan amount with out any Stinker,Showcause notice,, PIP notice.
I worked hard sir. But, as language is the barrier, I was not able to achieve the internal targets. But as per rules, an internee doesn't have targets. But HR also asks for Targets and Harashed me. I asked for the reason. Till now, I didn't received any response. Is there any LEGAL step can be taken against them??
Kumar Doab
(Expert) 14 June 2015
You have posted that:
---"Yes, they called me and said me to move out of the bank by paying the loan amount with out any Stinker,Showcause notice,, PIP notice."
This is the bait...........and employees succumb as they are made fearful for their future.
---" But as per rules, an internee doesn't have targets. "
Do you have copies or such rules?
---" But HR also asks for Targets and Harashed me. "
Do you have evidence? The onus to prove may fall upon you.
---"I asked for the reason. Till now, I didn't received any response."
It is loudly clear that you won't get anything in writing?
---"We had an agreement with Bank for joining in their bank."
This agreement also be shown to your counsel.
---"Is there any LEGAL step can be taken against them??"
Are you a member of any employee's Unions or Trade Unions e.g. CITU/INTUC/AITUC/BMS etc? Can you rake up and create a noise level.
The lawyer that has examined everything including all docs on record and your inputs after quality time spent on these, can advise you on the merits and remedies.
For an employee there is always a union, a lawyer, and court of law.
It shall be appropriate to spend quality time with your counsel(s)/an able Labor Law Consultant/Service Matters Lawyer/Law firm, before you proceed further.
Dr J C Vashista
(Expert) 15 June 2015
Well advised by expert Mr. Sudhir Kumar,no room left to add.
You must meet the Employee's/Worker's Union (which every organization is having registered) and/or their lawyer and find out the solution to your problem producing all documents and discussing the circumstances thread-bare and proceed as advised, since it is the question of your career. You may find some local lawyer to provide professional advise and guidance.
Meanwhile, try and find out some other "similar" instance and his/her fate, take some clues and proceed.
Anirudh
(Expert) 15 June 2015
You got a job training on Sales.
But when you were posted on sales job, you want job change!
If people think that they can dictate terms to the management/organization and get whatever that they want, they are making a big mistake.
If you value your job (i.e. you want job very badly) then you have to adapt yourself to the situation and perform. Nobody will be ready to keep a person on job when the person concerned is not delivering (for whatsoever reason).
I do not think that you have any legal case on your hand.
Srikanth
(Querist) 15 June 2015
There is no unions in Private Banks Sir @Dr J C Vashista...
@Anirudh.. They didn't gave training on Sales. They observed us as Assistant Managers. At the same time, no where in bond it is mentioned that its a sales job. What ever you said is right. But, if our health is not helping, then the employer has to take care of us right. But, its not happening. If a person want transfer, he has to achieve the targets. What is this? If health permits, why we sit ideal? I said my self to them the problem and asked for transfer. But it didn't happened. Instead, asked me to move out.
Anirudh
(Expert) 15 June 2015
If your health is not permitting, then you have to seek some other job which suits your health. You cannot insist that the organization should continue with you. Organizations (especially private organizations) would like to keep healthy people and not sick people/people with health problems.
Kumar Doab
(Expert) 15 June 2015
Dear Dr.Vashista,
No Post by Mr.Sudhir Kumar is found in this thread. Therefore unable to relate with query.
Kumar Doab
(Expert) 15 June 2015
You have initiated this thread seeking legal advice for the issues being faced by you.
You seem to have merits.
You may show the job advt,job application, interview call letter, selection letter,offer letter, appointment letter, HR policy/Service Rules and regulations etc mentioned in appointment letter, letter for initiation of Training/internship/extension of internship, medical certificate confirming allergy, your request for role change, transfer letter, FnF statement showing demand of payment of Rs.4.2 Lacs etc……………BOND, demand to pay loan, your letter to HR etc to an able Labor Law Consultant/Service Matters Lawyer/Law firm, spend quality time with your lawyer, and proceed further under expert advice of your lawyer.
You may avoid chatting,sermons.
You have posted that:
---“But as per rules, an internee doesn't have targets. "
“@Anirudh.. They didn't gave training on Sales. They observed us as Assistant Managers. At the same time, no where in bond it is mentioned that its a sales job”
This is sufficient for an able Labor Law Consultant/Service Matters Lawyer/Law firm to cultivate further.
Applying for transfer is not misconduct. This is not a reason for termination.
Falling sick is not misconduct.
The so called BOND was created in lieu of what extra ordinary favor to you?
Was it fair to you? Or was it sham/bogus?
M/s ICICI Bank has been mired in litigation in cases to decide……………………“whether contracts entered into by Employer were sham and bogus and to deprive Workmen of their benefits”
---“Yes, they called me and said me to move out of the bank by paying the loan amount with out any Stinker,Showcause notice,, PIP notice.”
How were you moved out: Termination, Forced resignation?
What is this loan?
---“If a person want transfer, he has to achieve the targets.”
It is unethical. There are no targets for transfer. Targets are not sacrosanct.
Moreover as posted by you there are no targets for a trainee/intern.
Moreover Proving under performance is not that easy. There can be various reasons beyond the control of employee that would hamper the performance.
There can be various reasons beyond the control of employee, created by employer and it cronies in line management/ HR/Legal Cell etc etc… that would hamper the performance………………….e.g a litigious company is avoided by majority of the citizens……………….products like insurance is sold majorly in social circle…………………product like insurance is avoided from Banks/companies that are popular for unethical/illegal practices………………..and have been penalized by courts of law/regulators ………………………and as per various publications M/s ICICI would fit into it.
Did the company make any arrangement for boarding/lodging at Kerala, atleast for a say…………initial one month?
Did it arrange classes in Malayalam language?
---“ If health permits, why we sit ideal? “
It is indeed true!
Did you report health issues?
Supreme Court of India has also mentioned that …………….There is no time limit in referring a dispute to tribunal……………. termination during sickness is bad order.
At least I am not aware that a sick employee can be terminated without due process and/or by asking to resign.
There are instructions and rules to keep even person that are physically challenged/compromised.
---“There is no unions in Private Banks”
You are grossly wrong.
There are unions ………………..and that too very effective unions……………….in private banks. Ask around and confirm.
New Unions were also formed by employees of private banks and private insurance companies and they have done a good job in Kerala, Tamilnadu etc……………
If you wish I can send you the contact details of President/Gen. Sec.
The mere word ‘Union of Employees’ may send zitters and hitters to many HR personnel and they would sit down to negotiate.
Unions in Kerala,Tamilnadu have traditionally been strong.
Kumar Doab
(Expert) 15 June 2015
The contact details of one such unions and trade unions has been sent to you.
You may proceed as deemed fit at your end.
