Issue on termination by the employer
vijaypal
(Querist) 03 March 2014
This query is : Resolved
Dear sir,
I am parmament employee of MNC company. After giving more than five years of service . They put into me a bench and said by verbally to serach a new job. after two month they want to terminate me .pls give me advice what can I do for this matter.
pls suggest me....
ajay sethi
(Expert) 03 March 2014
they can terminate you as per terms of your appointment letter . if it is provided 2 months notice then they can terminate you after 2 months . no job guarantee in
private sector . since it is MNC you can rest assured that you will get all your dues
Kumar Doab
(Expert) 03 March 2014
Employee should record (audio/visual, preferably audio with visual) the incidences while employee is threatened/coerced/forced to resign, for use at appropriate time in appropriate forum.
Employee should become member of employees unions, trade unions and keep access to a competent and experienced labor consultant/service lawyer and must always consult elders in the family.
The employees that are united are difficult to be coerced/forced/intimidated. Employees that are not united and are fearsome, ill informed are exploited.
The employment is not marriage hence you might have realized that your vintage has no importance for this employer.
Rather employers with a self centered, selfish view like to replace employees with high vintage with fresher’s and with low CTC.
You can very well guess that employer and its line managers, HR is wary of termination and hence they prefer to coerce the employee to resign.
What exactly do you mean by “They put into me a bench”……………………………………..
Have you been issued ‘Verbal Challenge’ or included in PIP or issued with notice of Termination…………………..?
Since you have been asked to resign, you may approach a competent and experienced Labor consultant/service lawyer and your lawyer may opine that you can invoke the provisions of ID Act (if you are covered as workman) approach Inspector under Shops and Commercial Establishments Act (if the establishment is commercial and you are covered as ‘Employee’ as in this enactment)………………..
Designation alone does not decide individual is covered as workman/ employee or not!
You may download policy on ‘Verbal Challenge’/ PIP and HR policy, service rules and regulations as stated in appointment letter issued to you, standing orders (Certified/Model) applicable to the establishment and extended to your designation, Performance Vs Targets, KRA’s…………………..and any other relevant record and communication………………..show these to your lawyer, give inputs inn person and proceed under expert advice of your lawyer.
You may also firm up your next venture, secure offer and remain amiable.
If at all you decide to resign do not tender resignation with immediate effect even if you are threatened and tender notice of resignation with copy for self and period of notice/effective date of resignation stated in it.
Guest
(Expert) 03 March 2014
MNCs normally pressurise the employee to tender resignation, if he fails, they send the employee in to bench with performance improvement proposal after which they get the plea that the employee was unable to improve his performance despite training. They try to terminate by initiating disciplinary action for poor performance to avoid payment of notice period pay and gratuity etc.
So, you should have objected initially to go to bench and would have asked for termination letter instead of yielding to their presssure for resignation.
So, for the sake of dignified shake hand with the company, better send your resignation notice without earning fury of the management, earn your gratuity and in the meanwhile during the notice period try to search another job.
Rajendra K Goyal
(Expert) 03 March 2014
No other better alternate left but to search another job. Agree with the advise of experts.
Kumar Doab
(Expert) 03 March 2014
The matter posted by you is nothing else but just a situation and treat it like a situation.
If you have long experience then you must be aware of the ‘Situational Management’. Other theories and styles like participative etc are out of date…………………………..
Those who are apt at ‘Situational Management’ are always comfortable and successful.
If you can bring a turn around in performance then you can very well stay in this company also.
Handle the situation and defend your interest in the best possible manner.
Remain amiable, vigilant and avoid emotional outbursts.
You must definitely firm up your next venture, secure offer and remain amiable and at the same time build written record with copy to you and thus must be able to defend your interest in all eventualities.
IN case you are not able to secure suitable employment (without any loss to you) you would need time and some handle on employer.
Termination by management may not be necessarily be a matter of right. There are certain norms, rules……………………………that have to be followed.
Otherwise it would be a weak case for management and good case for employee.
In case of your establishment it is felt that it is not populated by highly seasoned managers that are apt at handling seasoned and properly informed workers. Had it been so it would have built a proper file by now?
Whereas it has just issued verbal communication and is counting that the employee would eventually succumb to pressure.
Performance below targets assigned is not misconduct.
Employer can not decline notice pay, earned wages, statutory benefits, terminal benefits in case of termination due to Non Performance. These are protected.
Non Performance is also not that easy to prove.
If you have been asked to look for employment elsewhere then in that case it is almost certain that after 2 months’ you shall be coerced to write down your resignation with immediate effect and HR would square off your dues in FNF statement/settlement by adjusting notice pay. Although your bosses would tell you verbally that notice period/pay would be waived off.
Do not get coerced/forced/intimidated and hence fooled by such verbal promises and do not tender resignation with immediate effect.
Record this meeting (audio/visual, preferably audio with visual) for use at appropriate time in appropriate forum, if the need be.
Tender notice of resignation with copy for self and period of notice/effective date of resignation stated in it.
If you have resigned by tendering notice of resignation, then resignation can not be accepted before expiry of notice period.
If at all you are not able to handle the situation and end up tendering resignation with immediate effect, you can withdraw it the moment you are out of the cabin/room/office…………………………………….by fax/email/phone call. If you succeed in recording this meeting you shall gain a handle on employer that you can apply to your benefit. Try it.
You have the right and freedom to keep a colleague, trade union leader with you during such meetings………………………….
If you are not able to handle such a situation you have the option to proceed on leave and if it is sick leave submit leave application supported by proper medical certificate…………………………………..Termination during sick leave may become a bad order.
You should be able to handle such situations in life and career which occur quite frequently in today’s scenario hence it shall be proper to discuss with elders in the family and approach Trade Unions/Employee’s union leaders and your lawyer and always retain access to union leaders and lawyer……………………………..Be properly informed, seasoned and do not be a weakling and susceptible to exploitation.
It would be wrong to say that Employees are not united and do not approach lawyers…………………………..the format and style might have modified. There are trades and there are unions that are still formidable even in private sector and there are lawyers that know how to put the opponent on mat.
Another option is that if you can handle then employer may agree to allow you to remain on rolls and let you search another employment.
This happens in the industry and neither employer nor employees suffer from litigation.
One needs to have a strong resolve and negotiating skills.
If you are not confidant that you have such skills then rely on some one who has be it your elders in the family or well wishers or union leaders or your lawyer.
Lawyers are skilled in such skills and your lawyer can handle the situation for you without letting you resign and without letting you suffer from litigation. Spend some quality time with your lawyer at your location.
Rest is up to you.You may pursue the option that is most suitable to you.
Raj Kumar Makkad
(Expert) 03 March 2014
Immediately come out of that company by tendering resignation by giving due notice failing which be prepared for the termination of your services. It is wise to settle the issue amicably otherwise you shall be loser thereto.
