Sir/Madam,

I am looking for help and advice.

I have been working as a Sales Manager with a Private Life Insurance company, in India, since 3.3 Years. My services have been terminated by a letter of termination of service without assigning any reason.

I have following queries:

·         My age is 44 years. My job profile was to canvass for business and recruit agents. I had no administrative/ supervisory control over them.

·         As per my appointment letter I did not have any binding on the company. Do I fall under the category of Workman, and can I raise industrial dispute. Can I go to lab our court? Are their any chances of reinstatement with full wages? Shall the culprits for my termination be punished, and if so what punishment they can get.

·         Is there any court case in which Sales Manager of a Private Life Insurance Company has been declared a workman like Development Officer of LIC of India. I have heard Development Officer of LIC of India is a workman.

·          Each Year in annual appraisal i.e. July06 to Dec06, Jan07 to Dec07, Jan08 to Dec08, I got the highest increment in the branch and one of the best in the region and country. However none of the Sales Manager or even the bosses including Branch Manager was able to achieve their annual target.From Jan08 to Oct08 my sales achievement was low, and so was for every one.

After 3.3 years of the service can the company terminate services on the basis of low performance? Can I win such a case if company declares in court that I was terminated on the basis of low performance.

 This company now  is telling us that they shall be able to do away with thousands of temination orders quoting the appointment letter clauses and that they are a private company and are not Govt. company like LIC of India, and there are lots of relief given to private companies and no body shall be able to declare him/her a workman and no one shall be able to get his /her job back.

This is a multinational company with Head quarters in UK, USA.

For their wrongdoings can they be sued in UK, USA..

I need your advice and help, so that I can have the very best legal support for a suitable remedy.

The performance of the channel in which I was appointed was very bad, and the company had a very small office, common for all channels.With my contribution, the performance of my channel improved and each year I received the highest grades and increments in my annual appraisal.I received many medals, certificates,incentives for good sales performance, and I was never involved in any kind of compliance issue.The total business logged in by me was of utmost quality standarads.

Due to poor performance ULIP ( Unit Linked insurance Plans) in India and malpractices,the sales of all Life Insurance companies, and in particular my company plunged to low levels.The company started interrogatory meetings,. mails,offending communications,and started putting employees in Performance Enhancement Programmes. Post Selection Programmes and forced hundereds and thousands of employees to resign and terminated hundereds and thousands of employees.

My Branch Manager (BM) and his Boss Cluster Manager (CM) built pressure on me and all to generate recruitment of insurance agents and bring policies by any means.i did not involve my self into any fake business, and invivte wrath of BM/CM and their bosses.They did almost everything to scuttle my performance.

They started harrassing me and even stopped and delayed my travelling expenses/ reimbursements.They arranged to issue me a show cause notice on filmsy grounds which was duly replied by me and the company did not take any penultimate action  on me.

My name was never included in any Post Selection Programmes .My name was included in any Performance Enhancement Programme.  However I was still to sit in the this so called training programme, and before the initiation of this programme on 8th of the month, I had already generated business and I would have comfortably achieved the balanced even before the initiation of this programme. 

One evening the BM and CM started crticising me for why I am replying to the mails from Heaf office and I can not send mails to any one above them.

All of a sudden the same evening HR guy from Head Office called me on phone,and started a heated discussion, citing my performance, and said that he will call me again after some time. After some time the BM called me and told that my service has been terminated, and hahnded me a printout of the termination order, which he had  received on his email id.Vide this termination order my services were terminated without assigning any reason.After a few days the same HR guy called me and told my services are terminated due to low sales performance.

Regards

Kumar