Equal Pay, Equal Opportunity, In-congruence and Termination
Atul
(Querist) 06 April 2010
This query is : Resolved
Dear Experts,
I am an Analyst and I joined a firm through an off-campus selection process in Aug 2005. Few months later(in Dec'05/Jan'06), company hired other graduates, similar to me in education qualification, in fact some of them from my own Institute, though through Campus selection. However during my stay (which was for ~3 yrs, till July'08) I came to know that the new hires were paid almost 90% higher than me(pay after probation period is over). I didn't agree with this but kept it to myself, not speaking to HR or any sr. management in the company. I have got frustrated over time and have developed several behavioral problems. While this mental turmoil continued, I left one day in July'08(french leave). After a month(mid Aug'08), I got a call from Operations Manager of the company inquiring about not coming to office. I said I was not well. Again after a month(mid Sep'08), I got a letter from the office stating my termination. I didn't receive any written or informal notice from the company.
Over time my stay there, I haven't been promoted even once. There was no training provided when on probation. The notice period is one month but I haven't asked the co. for one month's pay in lieu of termination without notice. I am quite upset at this time. I don't have company's relieving letter as well.
My preposition is that, what now I can do to claim my point whereas I have left the company around 21 months ago. Is there anything legal I can do? Shd I claim for equal compensation?
I was so much disturbed b'coz of this that I didn't applied to new firms for around a year(only since June'09 I am searching for a job).
Any suggestion will be appreciated. Thanks.
Raj Kumar Makkad
(Expert) 06 April 2010
You can challenge the order of the company and its violation of the statutory rules within 3 years of accrual of cause of action means the day you came to know about your termination.
Serve a legal notice to the company through your lawyer and demand all the arrears and thereafter file a civil suit.
H. S. Thukral
(Expert) 12 April 2010
First of all you have to challenge your termination in a civil court. It will depend upon terminology of termination letter. Equal pay for equal work principle can apply only when you are in employment. At this juncture when your services have been terminated, this issue becomes secondary.
