It is not clear from your post whether you want to contest the order of termination or not.
The Manager’s in today’s market scenario are not rated on Training and Development they have provided, number of promotions they have delivered, alone but on number of terminations/exits they have caused of employees who have been tested by the company as per its internal procedures like appraisals/PIP etc .
The new employees are economical, easier to manage, salute their line managers more often compared to old ones.
If any employee gives opportunity to his managers to exploit, subdue this in fact help the managers/bosses to show something in their achievements/performance and emboldens them to exploit many more.
You have posted that:
---“ I was working in an IT company for many years and I was terminated in July 2012.’
If your company operates 5/6 days a week: if you have worked for 4 years 190/240 days you can stake claim for Gratuity.
If Gratuity is mentioned in CTC sheet you may be able to stake a claim for Gratuity even if you have not worked for years 190/240 days.
If you have been working for OT you may stake a claim for OT.
---“ I was given tag "USELESS"’
The word used cam be termed derogatory.
---“ Now I am jobless and repents for not fighting for my rights in my last company.”
You can contest the order of termination and claim for reinstatement with back wages.
It is felt that state of Kerala is one of the states which had devised Minimum wages for employees in IT sector, and it had not granted blanket exemption from the provisions of
IESO Act to IT companies.
You may check with Dept. of labor, O/o Labor Commissioner.
Service conditions are stated in Standing Orders of the company, appointment letter, Shops and Establishments Act of the state, statue. The employee who is covered by these enactments shall be protected up to that extent.
Designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman. The enactments applicable to workman limit the choice to employer. Your lawyer may opine that you can raise dispute under ID Act and/or Shops and Establishments Act …
-If IESO Act is applicable and company has not obtained certified standing orders, Model Standing Orders shall apply.
13. Termination of employment: .--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
15. Complaints , 16. Certificate on termination of service.-, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.—
-Shops and Establishments Act Kerala ( The enactment does not indiscriminate between workman and non workman and is applicable to all employees. One of the duties of the Inspector under this act is to ensure that provisions of the Act are properly followe and a/c of separated employee is properly settled.)
(4)“commercial establishment” means…….
(6)“employee” means a……..
(7)“employer” means…………
(9)“inspector” means an Inspector appointed under this Act;……..
18. Notice of Dismissal.—(1) No employer shall dispense with the services of an employee employed continuously for a period ofnot less than six months, except for a
reasonable cause and without giving such employee at least one month’s notice
(2)Any employee whose services are dispensed with may appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing which his services
(3)The appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period
(5)The decision of the appellate authority shall be final and binding on both the
parties, not be liable to be questioned in any Court of Law
26. Powers and duties of Inspectors:
(b) make such inspection of the premises and of any prescribed registers, records
and notices, and take on the spot or otherwise evidence of any person as he may deem necessary for carrying out the purposes of this Act; and
8.Employer to produce registers, records etc., for inspection.-Every employer shall
on demand produce for Inspection of an Inspector all registers, records and notices
required to be kept under and for the purposes of this Act.
29.Penalties:
(3) (a)by the employee of an establishment either by himself or through the union of
which he is a member within three months from the date on which the offence is alleged to have been committed;
(b)by the Inspector within sixty months from the date on which the alleged offence
comes to his knowledge.
There are many threads which suggest that employees who were terminated were reinstated under Shops and Establishments Act e.g:
https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp
--‘ I am sure many people in IT companies are facing this issue.’
There has been along felt need for strong, well meaning, well knit union for IT employees.
You may go thru interesting publications at:
https://www.rediff.com/money/2005/oct/06bspec.htm
https://www.siliconindia.com/shownews/Should_IT_companies_allow_trade_unions-nid-67674-cid-1.html
https://www.answeringlaw.com/php/displayContent.php?linkId=1196
The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.
West Bengal Information Technology Services Association (WBITSA): This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).
"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told………..
"It is not going to be easy. Already, we have begun the process to hold consultations with many senior IT employees in places like Kolkata [ Images ], Bangalore, Chennai and Trivandrum (Thiruvananthapuram). We do hope to establish a proper union soon," Pandhe pointed out.
Left leaders say there is also already tremendous backing from the Union of Network International, a global alliance of 900 trade unions, to forge an IT industry workers union in India.
However, a number of organisations for IT professionals now exist at the state level in Hyderabad (in Andhra Pradesh) and Bangalore (in Karnataka [ Images ]).
"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.
There are other forums e.g:
'IT Professionals Forum.' (https://www.itpfindia.org/in).
IT/BPO Voice of India | Facebook
UNITES Professionals
https://www.unitespro.org/
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
ITHI, a forum
of women employees in IT and ITeS
