The members and experts are advising you well on your other cases which have been causing stress. These matters are well advised by who are well versed with finer nuances of such matters. Close these issues as ap.
Try to get some thing favorable on record from court of law that would help you in future if required. The lawyer’s/experts/ members well versed in such matters can help and advise you better. One suggestion is that; you may avoid emotional outbursts. It affects the judgment. Although you have some compelling circumstances, still you should mellow down and play this game of chess: like this game of chess is played; With Patience.
You should defend your job and source of livelihood like one would defend one’s own life, family jewels……………..Do not loose the employment.
Does your company follow PIP policy? If yes you may download the same.
It may issue verbal challenge and thereafter it may include you in PIP. Training programme (even if name sake) is conducted for employees in PIP. The agenda is to build justifiable ground for termination.
Although majority of the times the grounds are fragile. However employee should learn the basics and skills to thwart the attempts of the employer to terminate.
The employee should be able to check and checkmate such attempts. Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice.
The employee should apply rapport, goodwill, exceptional levels of persuasion, persistence, negotiation, reasoning skills and should be good at drafting skills for written communications. OR he should seek professional help.
Skills can be acquired.
You may carefully go thru all paras and all statements in appointment letter, verbatim.
It might have been stated in case of performance issues the employment terms can be modified: implying due to performance employment shall (or can’t be) terminated.
Since your establishment is BPO, you may not be having sales targets but KRA’s.
Whatever your line managers/HR may state you should be in a position to justify the KRA’s during the days you are on job and not on leave.
You have to find your ways and means.
If you are still eligible try to be with a sector where you would have better job protection and stability e.g. public sector banks, LIC etc………………..
The trade unions have been trying to organize IT/ITeS/BPO employees.
Designation alone does not decide employee is covered as a ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Establishments Act.
Shops and Establishments Act of some states is so employee friendly.
BPO’s are registered under Shops and Establishments Act
Delhi High Court
Mantec Consultant Pvt. Ltd vs State & Anr
https://www.indiankanoon.org/doc/147071732/
The redg. office of this company is in which state and you are in which state?
The company should have displayed the registration certificate on notice board near entrance.
If the Payment of Wages Act applies to the establishment the standing orders would apply. You may find out if this company has its certified standing orders or go thru Model Standing Orders.
The service conditions stated in standing orders can not be negated to employee in appointment letter. The standing orders shall prevail upon appointment letter.
There are many threads on IT/ITeS/BPO and you may find some other threads as relevant and useful, e.g;
https://www.lawyersclubindia.com/forum/How-and-where-to-lodge-a-complaint-against-a-employer-64348.asp#.UjrZJdKAqWN
https://www.lawyersclubindia.com/forum/Bpo-norms-88678.asp#.UjraI9KAqWM
