Dear Peers
I have a question. Please reply.
One of my colleagues was asked to leave the organization just because additional head count was not approved for the department. She served the company for two years. New employees were brought in the same department and this employee had to sacrifice her job.
There was no issue with her performance.
Was this the right decission the management has taken in regards to her termination.
What can you suggest for the employee who is asked to leave.
Please evaluate and respond.
From India, Mumbai
I have a question. Please reply.
One of my colleagues was asked to leave the organization just because additional head count was not approved for the department. She served the company for two years. New employees were brought in the same department and this employee had to sacrifice her job.
There was no issue with her performance.
Was this the right decission the management has taken in regards to her termination.
What can you suggest for the employee who is asked to leave.
Please evaluate and respond.
From India, Mumbai
The first question is whether this is the case of termination or retrenchment.
because if organization had asked her to leave and accordingly she had left, then it is the acceptance of the service conditions framed by organisation. while if organization terminated her without assigning any reasons or offering any disciplianary action for any kind of miscondunt, then it is a legal default on the part of organisation.
Please check under which service conditions she had worked for two years. whether she is been treated as a Confirmed Employee and informed in writing or not. It is also important that whether she has been received any notice before her expected leave.
It is not clearly mentioned. please clarify..
Regards,
Atul
From India, Sholapur
23because if organization had asked her to leave and accordingly she had left, then it is the acceptance of the service conditions framed by organisation. while if organization terminated her without assigning any reasons or offering any disciplianary action for any kind of miscondunt, then it is a legal default on the part of organisation.
Please check under which service conditions she had worked for two years. whether she is been treated as a Confirmed Employee and informed in writing or not. It is also important that whether she has been received any notice before her expected leave.
It is not clearly mentioned. please clarify..
Regards,
Atul
From India, Sholapur
Hi Atul,
Thanks for replying to my query.
The employee who is asked to leave is very much a confirmed employee and no notice in writing has been given to her, but her boss says that she should give the resignation on her own and is inisiting her to put down her papers.
The boss to whom she is reporting is a new person in the organization and he has formed his own team and now has asked this employee to leave so that her head count can be utilized for the new entrant.
the employee asked her boss due to what reason you are asking me to go, he says there is no reason in regards to your performance you are doing a very good job, but because of no head count being approved and we need to get in professional skills, so it is better that you leave the company on a peaceful note.
He also said that this message should not be intimated to any other employees in the organization.
In one way he is forcing the employee to resign, if not then it would be termination.
Is this justice asking an employee to leave on these grounds.
The employee is shattered and does not understands what to do in this scene, but forced to resign.
What is your opinion and what should be done?
Please advise.
Regards
Delcy
From India, Mumbai
Thanks for replying to my query.
The employee who is asked to leave is very much a confirmed employee and no notice in writing has been given to her, but her boss says that she should give the resignation on her own and is inisiting her to put down her papers.
The boss to whom she is reporting is a new person in the organization and he has formed his own team and now has asked this employee to leave so that her head count can be utilized for the new entrant.
the employee asked her boss due to what reason you are asking me to go, he says there is no reason in regards to your performance you are doing a very good job, but because of no head count being approved and we need to get in professional skills, so it is better that you leave the company on a peaceful note.
He also said that this message should not be intimated to any other employees in the organization.
In one way he is forcing the employee to resign, if not then it would be termination.
Is this justice asking an employee to leave on these grounds.
The employee is shattered and does not understands what to do in this scene, but forced to resign.
What is your opinion and what should be done?
Please advise.
Regards
Delcy
From India, Mumbai
Hi there!
It seems the case of forceful resignation.
In such case, the employee who is been asked to submit his resignation by any means / insist / threat or force without assining any reasons / charges or without any strong reason of misconduct / misbehaviour, he or she can make a apeal to labour office under section 2(a) of Industrial Dispute Act for conciliation purpose. In such matter labour officer / Inspector may call both the parties and after understanding the views by both can try for amicable solution acceptable to both parties. If inspite of this concilation, both parties does not ready to negotiate or revert the decision, then such matter can be referred to labour court under unfair labour practice and then further proceedings may occur to resolve the matter.
As far as this case concern, you may ask her to meet labour officer in her specified area, with the application stating the facts. She can also make the application in consultation with any advocate. If she has been received the full & final amount, ask her to do not make it incash or do not deposit till the matter get resolved. She should also make available other evidances, proof to make her strong in this case.
After making application, Labour officer will call the concerned person and conciliation can be processed.
I suggest, if found difficult to manage all the things, it will be better to meet any advocate and take his advice.
But there is definately hope for the best justice.
I wish, you can help her to take her back on the track.
Regards,
Atul Malve
From India, Sholapur
It seems the case of forceful resignation.
In such case, the employee who is been asked to submit his resignation by any means / insist / threat or force without assining any reasons / charges or without any strong reason of misconduct / misbehaviour, he or she can make a apeal to labour office under section 2(a) of Industrial Dispute Act for conciliation purpose. In such matter labour officer / Inspector may call both the parties and after understanding the views by both can try for amicable solution acceptable to both parties. If inspite of this concilation, both parties does not ready to negotiate or revert the decision, then such matter can be referred to labour court under unfair labour practice and then further proceedings may occur to resolve the matter.
As far as this case concern, you may ask her to meet labour officer in her specified area, with the application stating the facts. She can also make the application in consultation with any advocate. If she has been received the full & final amount, ask her to do not make it incash or do not deposit till the matter get resolved. She should also make available other evidances, proof to make her strong in this case.
After making application, Labour officer will call the concerned person and conciliation can be processed.
I suggest, if found difficult to manage all the things, it will be better to meet any advocate and take his advice.
But there is definately hope for the best justice.
I wish, you can help her to take her back on the track.
Regards,
Atul Malve
From India, Sholapur
Hi, Doesnt ur friend have anybody else who is senior to this person like the MD/Chairman. She shud try speaking to them n explain the situation before escalating it outside office
From India, Chandigarh
From India, Chandigarh
Delcy,
One more thing I would like to update you that with the latest amendment in Industrial Dispute Act Section 2 (a), the concerned employee now can file his application to Labour cort directly instead of making it to Labour office.
For more details, please take a latest amendment copy from net.
Your friend is also covered under this amendment (being a clerical category). So there are bright hopes for justice..
All the best,
Regards,
Atul Malve
From India, Sholapur
One more thing I would like to update you that with the latest amendment in Industrial Dispute Act Section 2 (a), the concerned employee now can file his application to Labour cort directly instead of making it to Labour office.
For more details, please take a latest amendment copy from net.
Your friend is also covered under this amendment (being a clerical category). So there are bright hopes for justice..
All the best,
Regards,
Atul Malve
From India, Sholapur
Mr Atul is right...
but as per appointment letter, there is clearly mention that they can terminate ur services with giving u one month notice or salary in lieu...
what about this fact??
can u explain mr atul?
thanks
ajay
From India, Ahmadabad
but as per appointment letter, there is clearly mention that they can terminate ur services with giving u one month notice or salary in lieu...
what about this fact??
can u explain mr atul?
thanks
ajay
From India, Ahmadabad
Hi Delcy,
I still maintain that ur friend shud first try n sort the differences within the org by approaching some senior person. There r chances that issue will be resolved... the peacefully u try n get the solution the better it is for employee n mgmt.
From India, Chandigarh
I still maintain that ur friend shud first try n sort the differences within the org by approaching some senior person. There r chances that issue will be resolved... the peacefully u try n get the solution the better it is for employee n mgmt.
From India, Chandigarh
Hi Mr. Ajay,
You are correct.
But in such case, the court may consider all the facts and findings related to the case if it is to be referred for order. If employer have the available employment for such post and if intentinally or untentionally the confirmed employee looses his employment without any strong reason or disciplinary procedural aspects, such case may definately comes under unfair labour practices.
Even though, in some cases of confirmed employees, such one month notice to terminate his/her services may also called for an unfair practice and employee can challenge in such cases.
The court will always consider the valid reasons, sufficient ground for decision, past history of employee, huminity and natural justice.
I think, in this case no one has given her any notice for her termination and suddenly taken this hard decision to end her employment. So, she should ask for justice.
I hope for her best.
Regards,
Atul Malve
From India, Sholapur
You are correct.
But in such case, the court may consider all the facts and findings related to the case if it is to be referred for order. If employer have the available employment for such post and if intentinally or untentionally the confirmed employee looses his employment without any strong reason or disciplinary procedural aspects, such case may definately comes under unfair labour practices.
Even though, in some cases of confirmed employees, such one month notice to terminate his/her services may also called for an unfair practice and employee can challenge in such cases.
The court will always consider the valid reasons, sufficient ground for decision, past history of employee, huminity and natural justice.
I think, in this case no one has given her any notice for her termination and suddenly taken this hard decision to end her employment. So, she should ask for justice.
I hope for her best.
Regards,
Atul Malve
From India, Sholapur
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