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KS (SM)     27 February 2011

Termination of employment

 

One of my colleagues is at a senior Management level.

 

He joined the organisation about 4 months back.  He had put up considerable amount of eperience and before this he worked for 6 years in the previous company and had shown consistent growth. He was initially invited and later coerced by assurances of  bright future and growth in the new organisation. The new organisation put him in a difficult area to proove himself.  Though he has done fairly well and brought credibility to the demographical area of his work, he is asked to resign.

 

The reason is that the Top most management person belongs to a particular religion (minority community).  He want to make way for another person who belongs to the same religion in that area who has earlier underperformed grossly. This can be prooved if the performance of the area is decipered from the company finances.

 

It can be prooved that the perfomance during the last 4 months after joining was not bad at all. 

 

Can such decisions based on religion and other matters acceptable?  Is there any way out for this friend onf mine who is in a precarious situation after having left theearlier settled job.

 

Should he come out since he is under probation OR could he ask for suitable compensation OR should he stay and say this is discriminatory?

 

I there no law in Indai that protects against such discrimination by minority community run organisations. Incidentally, this organisation has 70% of the employees of the other religion but at all lower levels.

 

Please help him. 



Learning

 1 Replies

Amit Anil Kulkarni (Legal Head)     28 February 2011

As per all labor laws there is no provision to discrininate any employee on the basis of his religion. We can file Writ Petition in the High Court or case  in appropriate fourm if this incidence actually occurred...

 


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