Brother,

Experts may comment on this.

As per my idea recently one court judgement saying husband should beg and pay the maintaince.whatever the worst situation like loosing the job or any still court will not show any mercy on gents.But still we can file a petition on this saying need sometime to find out the new job and will pay the amount.we can show our resignation letter in case if any.some judges say ok some says no..

Try enjoy as much as u can on weekends so u can concentrate on your work.

more details contact confidareindia.com

1.Warning Letter is not treated as change of circumstances in her maintenance cases unless it is not attached with termination letter or unemployment letter or Demotion letter.

2.There are few judgements related to which I have come across on this issue you can check on my thread List of Maintenance judgements.

3.You can't be ignored by Minimum Wages Act 1948 by court and certainly court may drive on such conditions.

4. Don't worry for loss of job.......just concentrate from now onward's.

5. If it happen's also then file for change of circumstances along with affidavit and document's related to such cause.

For your beneficial just read this:

Minimum Wages India 2013 – Current Minimum Wage Rate India

@sufferer, need justice....rajendra .........thanks guys for your kind replies......i just want to know....our company, asks the low performing employees to ' put down our papers' that is: resign by ourselves' so if tommorrow i am asked to resign, then i will only get an 'accepted resignation letter' from my employer, i will not get a termination letter, so will this be detrimental to my case, so should i ask my employer to give me a termination letter instead??

@need justice...i agree with you, they have already given me in writing in the letter, that if i dont perform within the next month, my services would be terminated, however, in reality they ask the employees to put down the papers by themselves, in order, not to spoil their future career opportunities.

@sufferer...as you said, Warning Letter is not treated as change of circumstances in her maintenance cases unless it is not attached with termination letter or unemployment letter or Demotion letter. 

but what if i attach my resignation letter with that warning letter, just in case i am asked to put down my papers? will it help, because my company usally discourages termination as it spoils the career

@rajendra....yes bro, i can understand, but due to frequent absentism due to court dates i performed very low, so i was given a warning. 

It is suggested that you may take other cases as a part of situations in life and do not let these stress you, and focus on bettering the performance as ap.

In such situation protecting the job and source of livelihood should be top priority.

Your employer thru its officials has sent email to better the performance or face termination on the ground of inadequate performance.

The email is not asking for resignation which could be termed as an offence.

It is felt that this email should not be left unanswered. The employee should buy time.

OR

The HR may deem that you have accepted the contents and charge in email…………………

Performance can be based on many factors e.g. poor after sale service, bad quality, uncompetitive pricing, unavailability of spares, shortage of stocks, non settlement of claims of dealers………………….etc. You would know the reasons that you can highlight.

If dip in performance is uniform and universal across board, in office, branch, dist, region, zone, pan India an individual employee should not be targeted.

If targets are annual sufficient time should be granted.

The employer should conduct training and support programme to facilitate the employee(s)………………………..

Get in touch with seasoned trade union leaders (become member) a competent and experienced labor consultant/service lawyer, and submit proper reply to the email preferably to good offices of appointing authority, MD………………….and attempt to defend the job.

At the same time firm up another job/venture as ap.

@ Fighting Back,

1. Your warning letter is just an appraisal letter from your company suggesting you to improve or else you would be fired,It can be treated as intimation letter on your work performance.

2. As per Kumar Doab there are various reasons for poor performances but company will not follow your marital problems,better try to re genrate your skills and become as an active performer.

3. It total depends on your company's term's and policy as how many times they give the this intimation prior to termination.

4. Genraly one month is given in Advance for passing the Pink slip by the company.

5. From now onward's you look for alternate option's but don't get anxious about your future concern's and these maintenance case. If failed also you can plead for taking time from court to pay her if you loose job.

6. Wait for the final decision by the company prior to that don't accept any resigantion or any forceful conduct's which is against Labour Law.

@ fighting back.:So many cases going on and if u don't like to continue ur married life with ur wife..Just speak and finish it off with MCD with reasonable settlement that you can afford.So u will be free from the hell and you can concentrate on ur work and ua work performance will definitely improve as u will have no burden and stress like you r under going now....You may really do well afterwards who knows..Personal life will effect proffessional life..So do think..no use fighting with a dead relationship.

@author, 

What kind of job you are doing? Most of the IT companies dont give you formal notice for either termination or improvement. They usually give an oral communication before doing it. Even after termination also, many companies will never reveal that you were fired they usually give as if you have resigned on your own. 

Leave IT companies, any companies for that matter should not do it ethically. If done you can request to give in nice matter.

For Eg: When several ministers resign due to various scams. Do they put resignation by saying PM asked my resignation and he terminated me? No.. Its formal way how it works that if something is going wrong, they will communicate in oral and while leaving you happily leave. 

Here you have to think tank in 2 ways. One is your court case other is your career even after loosing current job. 

Careerwise, it is not good to take formal improvement and/or termination letter. coz, it reflect you were not performing well. hence subsequent employer takes a step back bfr giving job. ( They do not care why you performed low or termination).  

As of I have seen from this and various other portals, there are few cases where alimony is granted when husband is not working. Also there are few citations available for the same. In these few citations,  in one case, the husband lied that he is not having business in his name while it was running in his own name. Other case was also similar where husband hidden his income which revealed later and hence alimony is granted. Do not be much panic about it. 

@smita......hi, thank you for your reply, actually i am very eager to finish off my marriage as it is dead already, with baseless allegations being thrown on my face. i dont want to continue with this woman as the trust is lost, after dragging me in false dv cases and 125 she wants to live with me, but i am not eager to live with a person of lying nature....i offered a  onetime settlement but she does not want it.............i have already jumped 2 jobs after marriage due to these issues.......

@vivek,,,,,,,hi vivek..........i work in a bpo........where targets are very strict, and i am not meeting those targets......i need to take frequent leaves for attending court which is 1000 kms away......i am loosing almost 30 pc on my salary on travelling alone......going through helll.......

Do not take termination letter mentioning you have been terminated for any reaons. 

Next coming to court case, have resignation placed and accepted dates + relieving dates. It should be short duration. Like you placed resignation today and your job is relieved tomorrow. Like that. 

When cross Q is asked, tell this scenario. The End. Thats all. 

For your shocking: Many of the companies cant reveal anywhere even in court for what reasons they terminated you. Else their co. will be in fix.

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

Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

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

@ kumar doab......thank you for your advice sir......you are right...my company has put me in PIP, i have been given 30 days to improve or else would face termination.....you are correct....the PIP procedure is being followed in my case..

This judgment might be of use to you.