Husband and wife working for compititors firm
samit kamat
(Querist) 01 June 2016
This query is : Resolved
I am an Indian, working in Bombay as top management team member with national role of leading European Medical Equipment Company since August 2002. When I joined, the company was of British Origin and in 2007 got sold to another European group. My wife is working with another European Medical Equipment Company since 2004 and also has national role. We got married in 2005.
My company’s holding Group which also originates in Europe has got two more companies in India and now decided to merge all the three companies to form one entity. Out of these balance two companies, One of the company’s product range compete straight with my wife’s company. Last week, newly appointed Managing Director of this new merged entity calls me for meeting and tells me that he finds me the most potential candidate for management team member of new entity and I will get that post only if my wife resigns. He cited examples of code of conduct while conveying his decision. Alternately,if she don’t resign then I have to resign. He has given me one week time to think. I have a documentary evidence of this conversation and can prove in any court of law about his act.
company's code of conduct states that Conflicts of interest: No employee may be involved in an activity or hold a position outside (company name) that is in conflict with the company’s business interests. Such conflicts of interest could also include directorships, significant shareholdings or the employment of family members.
Legal compliance and local customs: (company name) employees must comply with all the applicable laws and regulations of a country in which the company operates. In cases where a conflict exists between more restrictive laws and this Code’s principles and values, the law shall prevail.
Now,
1) how can I protect my deserving position and also keep my wife’s job?
2) Else, what should be my legal stand on such issues?
3) how can i seek fair compensation if i have to leave job?
4)Can I appeal against such acts in European courts (since my present company is 100% subsidiary of European company) for fair settlements if they decides to terminate me.
please help.
cell number: +91-7715823649
r.sathyanarayanan
(Expert) 02 June 2016
I feel that your company rule is unfair,engaging in a profession is individual 's right.your wife employment can not be a ground,and that will not stand legally.
What will happen tomorrow if the couple are getting seperatted.
Your company rule is against the right of individual.
As long as you work loyally to your company without revelling it's confidential information ,your company can not ask you to resign.
You decide.
samit kamat
(Querist) 02 June 2016
Thanks. If they force me to resign or compromise my due position, then i can approch courts for due settelment?
Kumar Doab
(Expert) 02 June 2016
You have posted that;
"He cited examples of code of conduct while conveying his decision.'
"company's code of conduct states that Conflicts of interest:.......Such conflicts of interest could also include .......... the employment of family members."
He has taken refuge in Code Of Conduct.
He has also conveyed his decision.
What is your and your wife's decision.
samit kamat
(Querist) 03 June 2016
I will fight out. Does wife can file criminal case or law suit against my company for forcing friction in relationship which can lead to probable seperation making directors party to it.
Kumar Doab
(Expert) 03 June 2016
You have posted that:
"I have a documentary evidence of this conversation and can prove in any court of law about his act."
These documents are initiated by you or him?
Is there any admission by him?
He has made three issues:
1. If you want to retain your current employment your wife has tom resign.
2. If she does not resign, you have to resign.
3. If you want to grow and get promoted she has to resign.
To earn one livelihood and work is one's constitutional right.
samit kamat
(Querist) 03 June 2016
I will fight out. Does wife can file criminal case or law suit against my company for forcing friction in relationship which can lead to probable seperation making directors party to it.
samit kamat
(Querist) 03 June 2016
i have recorded on my own because of i suspected that this will happen and i was right.
Seconldy, I had emailed my protest to group HR head of Asia Pac about this wrongdoing and he called me today stating that company “ speculate” that knowingly or unknowingly it can lead with “conflict of interest” but its not companies opinion that your wife should leave her job. Secondly HR head told me that they will be seeking legal opinion from the lawyer to know Indian Law in this regards and will revert to me by next week.
I am bit curious to know what’s lawyer opinion will be in this regards.
Kumar Doab
(Expert) 03 June 2016
Does any irrefutable record that you possess brings out that your wife has to give up her employment?
You may engage a very able counsel specializing in service matters.
samit kamat
(Querist) 03 June 2016
HR head once never said that India MD did not said it. That itself is positive sign for me. His point of argument was only “speculation” of “complicit of interest”
If decision goes against my interest then can I wife file a lawsuit against MD and company to instigating friction in relationship which can lead to probable separation?
Kumar Doab
(Expert) 03 June 2016
Do you have recordings of HR head of Asia Pac?
You have posted that; "but its not companies opinion that your wife should leave her job."
It is a smart and well calculated statement and to ease the establishment out.
The MD is thus pushed ahead to own it as his personal interpretation.
In any case you don't seem to have a comment made about your wife other than what is minuted by you.
Wait for the next answer by your HR!
In the mean time tie up the loose ends.
Remain amiable and gentle.
samit kamat
(Querist) 03 June 2016
Thank you Mr. Kumar. No, i have not recorded HR Asia Pacific conversation.
Kumar Doab
(Expert) 03 June 2016
Tie up the loose ends.
Hope you can read between the lines.
Build irrefutable evidence, as onus to establish now or later may fall upon you.
You may engage a very able counsel specializing in service matters, ASAP, to handle the situation now and its fallout's later.
samit kamat
(Querist) 03 June 2016
Yes Mr. Kumar. I am working on "tieing up loose end" but really dont know a good counsel in Mumbai in these matters. Can you suggest one?
Kumar Doab
(Expert) 03 June 2016
It shall be good to engage a very able counsel. If I could, I may suggest, otherwise I may not.
However you shall have to firm up your T&C, fee etc everything, with your counsel on your own. Hope you would agree.
Sudhir Kumar, Advocate
(Expert) 05 June 2016
An employer cannot be compelled to tolerate spouse of rival Co employee in their service. They are trying peaceful ways. You have to provoke them further so that they exercise legitimate step of throwing you out.
Rajendra K Goyal
(Expert) 09 June 2016
Try to have amicable settlement. No employer would like the employees family members work in rival firm, give scope / open possibility of leakage of their strategy / information.
Kumar Doab
(Expert) 09 June 2016
In the query the author has explained how the companies became so called rivals.
In the Republic of India the citizens enjoy fundamental rights awarded by constitution.
Unlike foreign countries the legislature, judiciary is subservient to constitution.
Why can't employer change its line of business to end the rivalry?
Why can't this CEO give up his employment if he has issues and problems?
It would be a wild allegation to accuse the spouse of a civilized and honest citizen (employee) of suspected theft of say information.
Here one of the husband or wife has to give up his/her employment.
The there is a dagger of loosing promotion (from sheer good work) dangling on the head of employee.
Moreover there is no offer of compensation (author has explained how the companies became so called rivals).
The author should gather evidences and file damages/torts if the need be and situation arises.
For the same author shall require irrefutable evidences.
Author should consult a very able counsel and prepare to defend his interest.
While this thread was being discussed one of the friends commented that : There has been lot of new about water dispute between Punjab and Haryana.
The city of Chandigarh is capitol for both the states. Their secretariats MLA hostels are nearby.
It is not uncommon that one of the spouse be with Punjab and other with Haryana.
Are both to be terminated?
Sudhir Kumar, Advocate
(Expert) 12 June 2016
Employer also has fundamental right to profession and thereby has right to protect integrity of business.
The present case cannot be compared all spouse employed by other states
Govt employees are not allowed to marry employees of foreign govts
