Simi Salooja (Legal Secretary) 05 April 2016

Working as a Marketing Manager in an MNC

Dear Experts....

I would like to seek advice for my Labour matter which is in process in Mumbai, Bandra Labour court...

To give a brief about my case...:

I was working with an MNC for last 4 yrs and it was a settled job... where i had recieved awards and was performance apprasals reguarly... i then got selected to work as a marketing manager in another MNC in bombay itself...

After 4.5 months of joining they asked mi to resign and said that they would compensate mi with upto 6 months salary... (i.e. for the remaining 1.5 months).. which they eventually did.

I tried applying for jobs elsewhere, but i had lost my self confidence and went under depression.. further after a couple of months, i approached the Labour Commissioner office in Bandra.. and went for mediation, which failed and now the case is in Bandra Labour court...

I have filed my Claim statement... to which the company was to file their reply.. but instead they have filed an application (a document which i for not know the legal term for) stating that, the case is not maintainable in this court.. next date is 11th April, 2016.

Please note that the Judge is yet to be appointed in that court... the bench is empty. :)

All this happened in October, 2012 and i have asked for my reinstatement of job...

My queries ---

1. What is the next step that are to be taken or what is the proceedure to be followed.

2. How long will this go?

3. I have shifted to Australia with my Husband and kid, and yet i haven been able to find a job here. Will this affect my case?

4. The MNC also has an office in Australia.. can i ask for reinstatement with change of location?

5. I haven yet informed the company about my Shifting... should i inform them about this?

Please note: since i am not working and not earning, i have appointed a lawyer to handle this case on commission basis... since he is a Jr and has recently started his legal career...

Hoping for some advice and guidance from the experts and seniors...

Best regards

Simi

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5 Replies

Kumar Doab (FIN) 05 April 2016

Do you have any evidence that you were asked to resign?

Did you resign?

Did you mention that you were asked to resign?

Apparently there was some notice period and since resignation was accepted with immediate effect, the employer tendered notice pay.

AS a marketing manager would you be coverd by the def. of 'Employee' as in Bombay Shops &Estbs Act, 'Workman' as in ID Act is to be seen by going thru the appointment letter, service conditions, nature of duties, record with company on duties perfromed by you etc.............

If you are not covered then civil suit with damages would be an option, of course based on merits.

The company has apparently taken an objection that the labor court does not have jurisiction.................................or you have filed in state labor court than in central (if company has an offices in multiple states)........................

However engage an able Labor Law Consultant/service matters lawyer for a considered opinion...................or ask the Jr lawyer to consult Labor Law Consultant/service matters lawyer.

If you work in interim and earn, declare the earnings to court and court may reduce the award (if any) proportionately.

If company ( if and if0 agrees to take you back it can place/depute/transfer/locate an employee by its sweet will, anywhere.

If you have given the POA your lawyer can appear on your behalf.

You could have approached a trade union as well.

Simi Salooja (Legal Secretary) 05 April 2016

Yes. I did resigned. As the MD threatened mi to do so. Otherwise he would spoil my career. Before he could have asked mi to resign he degraded mi in a meeting room in front of all my colleagues. The appointment letter states that. If employee resigns within 6 months then no liability on the employee. If the company asks the employee to leave within 6 months then they would compensate up to the probation period. Which they did. Hence I suppose it is clear that they forced mi to resign. Though the post was of marketing manager. I was not the decision maker neither I had any reportees. I was a mere coordinator. Also in one of their replies /email written to mi the HR has clearly mentioned that they have followed the Indian labour law. And that I am covered under Indian labour law. Wasn't aware of the trade union. Hence never approached. I have asked the jr lawyer to take some advice from a Sr. Let's see what best he does. Do we have to file any reply against. Their application of the case being non maintainable in labour court. Or wait for the judge to come. Pls note really appreciate the time taken to reply to my query. Best regards. Simi.

Kumar Doab (FIN) 06 April 2016

You could have ,even if posted by ordinary post, immediately after the resignation, narrtaed in subsequent communications that you were degraded/humiliated/insulted/abused in meeting in room full of men/women..............and comments were made ........................and that on dated.........................Mr/Ms.........................coerced and forced you to resign.......................and threatened with............................and stated that if you resign.............................immediately it shall be treated as notice of termination and in line with clause number:........................of appointment letter dated.........................notice pay shall be paid to you.................and remind to tender notice pay..................

The statement of HR may help and you may succeed to prove that designation was a decorated one.

However you must go for consultation with a senior/seasoned counsel specialzing in Labor/service matters and now preferably structure everything in consultation.

Let your counsel advise you submission of reply.

In case the President is not appointed then the tribunal may just give the dates, however may accept the reply. Let your counsel advise on everything to you.

Hope you can read between the lines.