Incorrect termination incorrectly executed.

please post copy of the termination order

Many thanks,

I am attaching herewith the termination letter. The HR manager (one of his subordinate was accompanying him) visited A’s home on May 12 and handover him this termination letter along with a check. A signed a copy of both; mentioning that he received the same on date & time.

Thanks,

I am attaching herewith the termination letter. The HR manager (one of his subordinate was accompanying him) visited A’s home on May 12 and handover him this termination letter along with a check. A signed a copy of both mentioning that he received the same on date & time.

There is one important document, the annual appraisal letter (appraisal was due on 22 Feb 2011) which was given to A on 27 April. This letter is clearly indicating that A's rating has been 3C which means Meeting Expectations of the company.

Please ask me for any further clarifications.

Dear Ajit,

I have seen the termination letter/relieving letter. It is a termination casting stigma on the employee. Naturally is based on alleged misconduct. Thus this type of termination requires proper disciplinary proceedings in accordance with principle of nature justice. The termination order does not speak that a departmental proceedings followed by domestic enquiry conducted in accordance principles of natural justice was conducted/ Thus the termination is bad in law in this score alone, though it appears that notice pay was offered while terminating the service. So in case it is challenged certainly the employee will get relief. But forum from where he can get relief is depends on nature of job and designation of employee. In case, he comes within the ambit of workman, he can raise an industrial dispute under the Industrial Disputes Act or State Act dealing with settlement industrial dispute, which ever is applicable, otherwise he has to file Civil suit, where reinstatement is not permissible but damages and compensation can be claimed. 

Thanks for your propmt reply.

Mr. A was working as a Quality Analyst and the nature of job was not with any supervisory capacity so classify it be a workman.

So which should be the first authority, A should approach?

Moreover, what would be the best approach for A to fight against the employer as throughout his tenure of employment, A was subjected to severe harassment? There were numerous occasions when A was accused of sundry issues and so was subjected to defamation. These points may exist in company records-

1. Immediate manager not allowing him leaves when most required. A, being a married person was not allowed to take a leave on any of these 3 occasions-2 Holis and once on Diwali. Diwali (2010) was mentioned in company calendar as a Fixed Off; however A was forced to come on all these occasions. On Diwali, office paid him Overtime amount, twice the salary as per company policy yet his leave request for this day was denied.

2. On 26^th Jan 2011, being a national holiday, company forced him to be present in office neglecting A's objections.

3. On Diwali 2010 only (and on many other occasions) A was forced to work extended hours (15+ hours in a day).

4. There were many occasions when company asked A to report on time besides previous days extended hours (4-6 hours ) stretch, more specifically while A had already worked for more than 15 hours on a day, he is still asked to come on office time the next day. It takes 3 hours of both sides commuting time from home to office.

5. Instead of 9 hours of work time (as accounted in system to be a normal shift), company asks everyone to report office half an hour before shift commence time and leave office after half an hour. This is the way the company has designed its transport facility.

6. The company had offered (as per the appointment letter) a variable pay (performance based) which is 20% of fixed component which it never paid in full. If one was meeting company expectations then was he/she not entitled to get paid this amount in FULL?

Most of the workforce of the company is victim of these unfair labour practices and so is strongly dissatisfied. There is a high attrition rate, above 50%. People join this MNC and sooner they get frustrated, helpless and feel cheated with no option other than switching the company.

A objected against above at times and that was the main reason why management could never be pleased enough with A and has always been partial to A. This affected A’s performance records and his salary as well. His supervisor was instructed to do tricks on A and this way a victim was declared accused.

Now the management is now putting this case as an example before other employees. And A is looking forward to any and every opportunity to teach them a lesson so that all the above said problems get addressed for the betterment of other employees.

Please guide in detail.

Dear Ajit,

Definition of Workman consists nature of duties as manual, clerical, technical, skilled. If prominent duties of an employees  are covered under these heads,  He is workman irrespective of nomenclature of post. I think in the present case, duties of Quality Analyst is of technical and skilled nature. Thus he workman. But even can you explain the duties of Quality Analyst as the employee was performing just prior to his termination.

The company works 24x7. It programs internet based surveys for market research, collects respondent’s data for further analysis to its clients; in mainly European and USA market. A quality analyst’s job is to catch programming errors. It’s a monotonous kind of work where everyone has to work like a factory shop floor. Yes, a QA’s duties are technical and skilled in nature.

The incident (deletion of data) which was referenced in termination letter happened because of a mistake. However, there are two important points here. First a QA does not have the necessary system privileges to delete data, and second, the login was made by a senior B using her own ID/password on A’s system (this ID holds the privileges of deleting data) and so B is equally or even more responsible for this incident as B was supposed to supervise the processing and log out.

Kirti sir, is there anyway, that any charges could be made against any of the sections of CRPC.

I need you to give us directions so if possible can we speak. I am in New Delhi.

Learned Mr. Tripathi has given his valuable advice on the merits of your complaint.

You can have best of legal support in the capital city of new Delhi from a law firm/lawyer.