Job Termination

Hello!

It seems the action is arbitrary and it was done at the instruction of the person who is not liking of you.

Need to understand how was your relationship with the Seniors and the Client fo your company. Kindly share the copy of the appointment letter, communications and the termination letter so as to provide proper legal opinion as to how you can challenge the termination.

You may further call on the below given number for legal assistance, if required.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Agree with Rohit but any company can not issue directly termination if any act is arbitary of faulty while working they need to issue showcause notice once the employee side in written explanation received that after only company decide whether act is as per the offer letter terms applicable for termination or to warning letter or ignorable its not mentioned by sachin about the showcause notice issued and he reverted them in ritten hence legally its wrong happen here.

Thanks 

Amol Kende

amolark@gmail.com

Pune

>>> You have posted that:

----“Sir I am engineer and working with private limited company which provides IT related sevecises to public limited company.I am working with this company since last more than 10 years.This year my annual offer letter was kept on hold for 1.5 month .During this period i contacted my compay HR and asked the reason for keeping offer letter on hold but HR told that she also dont know the reason and HR from public limited company where we actually work will directly communicate to me.I also contacted my appriser and seniers but they also told the same reason.I keep trying to contact every person of both company but not got the proper reason.Suddenly my company called me to office and told that public limited company where we actually work rejected my annual offer letter.Company issued me termination letter giving one month notice and giving reason as performance and conduct.Neither my company nor the company where I work has given me opportunity to explain my side.please guide me what can be done in this case.”

It is difficult to believe that No Body knew anything.

It is a matter of common sense that everyone knew everything and the matter was left to the company that employed you and issued the offer/appointment letter.

You may demand that you be allowed to examine the personnel file maintained at your employer’s redg/Corporate office and all communications by phone/emails/letters etc exchanged between personnel of company where you were located and that employed you and leading to your termination.

It is almost sure that your employer would love to comment that your employment is terminated as per clause number………………..in appointment letter dated……………….issued to you that cites employment can be terminated without citing any reason.

---“ This year my annual offer letter was kept on hold for 1.5 month”

“public limited company where we actually work rejected my annual offer letter.”

You have again and again mentioned annual offer letter!

What is this annual offer letter::::: Do you mean :: annual appraisal letter?

OR

Do you mean that you were recruited on FTC and it was renewed every year, subject to passing the appraisal?

Was there ever any break in employment in last 10 years?

Has the same company been your employer and issuing annual offer letter?

Who has been issuing salary slip every month and paying the salary, Form16, PF number and a/c slips,ESIC card etc?

---“ Suddenly my company called me to office and told that public limited company where we actually work rejected my annual offer letter.”

Which company called you; The company where you were located or Company that employed you?

---“ Company issued me termination letter giving one month notice and giving reason as performance and conduct.””

“No show cause letter or warning letter is issued.”

The termination order levels a charge and is stigmatic.

Do you have full record of all 10years performance and impeccable service record, appreciations, incentives, awards, rewards, etc?

Was any stinker, memo, ever issued to you on performance and conduct?

If NO the people concerned have updated notes and notings in your personnel file and hence you need to demand it on record.

---“ This year my annual offer letter was kept on hold for 1.5 month .During this period i contacted my compay HR and asked the reason for keeping offer letter on hold but HR told that she also dont know the reason and HR from public limited company where we actually work will directly communicate to me.I also contacted my appriser and seniers but they also told the same reason.I keep trying to contact every person of both company but not got the proper reason.”

Do you have full record of these representations (dates, names, phone numbers, emails, SMS,Chats etc) till the due date of your appraisal/termination?

It is duty of the bosses to conduct the appraisal in time, as per appraisal matrix, and provide a certified copy to the concerned employee.

>>> What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

Who has signed the offer letter: HR personnel or MD?

Which company has signed the offer letter: Public Ltd or where you were located?

Who has conducted the appraisal: Public Ltd or where you were located? Do you have the copies of all last appraisal and appraisal matrix?

Did you record the representations (audio/visual/minuted/witnessed)?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

How many people reported to you?

Were you to have any power to sanction leave/increment/appoint/terminate?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

What was your monthly salary?

Was any appointment letter, salary slip of all month in all years, PF number, ESIC card,I.Card, given to you? Has it issued any FnF statement and have you signed and accepted it?

Are you a member of any employee’s/Trade Unions?

You should provide full information, pointwise!