Hi,
Gaurav,
What I am saying listen to me with patience, this will solve your problem:
If your employer does not wish to keep you, you cant make your career over there, even if you are legally correct or win legal battle. But, from your case its not totally your fault (entire 100%), but you can make your company to reconsider the decision & make them apologize . Only you have to be diplomatic, cool & need a lawyer.
1. Check you exit documents, and see what is the Cause of Termination?
2. If it is due to 'disciplinary Action taken against you', you can challenge the company & there will be high chance of win a legal battle.
3. If answer of your separation / termination is not mentioned, contact a Lawyer and sent a mail with query Under RTI Act, your reason of termination or separation.
4. 99.9% Chance will be ' disciplinary ground'.
5. Sent an e-mail, first to HR Department, why domestic enquiry has not taken place, why one sided decision taken? You have to sent 3 mail, if your company don't answer(High Chance will be there). On third letter, mention that you are going to take legal action.
6. You have to mention that, you haven't came to party after consuming Alcohol. Alcoholic Drinks were arranged by the company. If you have some Picture of Party, it will form a strong evidence. If Peers, seniors seems to consume alcohol in the party. If it is arranged in any hotel, restaurant, Disco, before taking any action against company, try to get Invoice of Party showing, company paying for alcohol. Try to arrange it diplomatically.
7. If you get any of the evidence I mention in point 6, in the e-mail, describe the Incident & ask company why they have not taken measure for security, when Alcoholic Drinks were there in the party? Ask, them don't they know that people not live in their conscious after having Alcoholic drinks? If they care so much for discipline , why they are encouraging indiscipline, when thy know that people get out of control after getting Intoxicated by alcohol?
8. Ask them is it not a fact, that they have encouraged you indirectly because alcoholic drinks were arranged from their end? Attach the evidences in the mail. And Claim that, since you were Intoxicated, & drinks were arranged by Company, Transport guy, encouraged you to get excited & also claim that, company is doing this (Your termination), purposefully & a part of conspiracy, else why not internal investigation happened? Even magistrate cant provide one sided decision without giving chance both the parties, to speak their version. This is partiality, Illegal & one sided decision taken.
9. Ask to reconsider the decision or clear your record of service, with official apologies letter, else my lawyer will ask this questions in court . Let them clarify their stands, what they wish.
10. Incase of no reply (all 3 e-mails & letters), you can Opt for Company's answer or stand by RTI. Based on answer , you can take legal action.
If any termination occur due to 'disciplinary ground specifically', be it probationary period or not, all individual have right for natural justice or can apply to court for Justice. If employee goes to court, 1st order Magistrate provide is ' Domestic enquiry Report', so as to judge whether natural justice has taken place for termination on disciplinary ground or not. Else Victim can claim that termination was Pre-planned & a conspiracy, by employer & natural justice has not taken place.
Still for more advise, you can consult a Lawyer, I hope he/she will say the same.
Thanks & Regards
Sovik B.
MBA- HR & Finance.
Managing Director
S.S ENTERPRISE.
From India, Mumbai
48Gaurav,
What I am saying listen to me with patience, this will solve your problem:
If your employer does not wish to keep you, you cant make your career over there, even if you are legally correct or win legal battle. But, from your case its not totally your fault (entire 100%), but you can make your company to reconsider the decision & make them apologize . Only you have to be diplomatic, cool & need a lawyer.
1. Check you exit documents, and see what is the Cause of Termination?
2. If it is due to 'disciplinary Action taken against you', you can challenge the company & there will be high chance of win a legal battle.
3. If answer of your separation / termination is not mentioned, contact a Lawyer and sent a mail with query Under RTI Act, your reason of termination or separation.
4. 99.9% Chance will be ' disciplinary ground'.
5. Sent an e-mail, first to HR Department, why domestic enquiry has not taken place, why one sided decision taken? You have to sent 3 mail, if your company don't answer(High Chance will be there). On third letter, mention that you are going to take legal action.
6. You have to mention that, you haven't came to party after consuming Alcohol. Alcoholic Drinks were arranged by the company. If you have some Picture of Party, it will form a strong evidence. If Peers, seniors seems to consume alcohol in the party. If it is arranged in any hotel, restaurant, Disco, before taking any action against company, try to get Invoice of Party showing, company paying for alcohol. Try to arrange it diplomatically.
7. If you get any of the evidence I mention in point 6, in the e-mail, describe the Incident & ask company why they have not taken measure for security, when Alcoholic Drinks were there in the party? Ask, them don't they know that people not live in their conscious after having Alcoholic drinks? If they care so much for discipline , why they are encouraging indiscipline, when thy know that people get out of control after getting Intoxicated by alcohol?
8. Ask them is it not a fact, that they have encouraged you indirectly because alcoholic drinks were arranged from their end? Attach the evidences in the mail. And Claim that, since you were Intoxicated, & drinks were arranged by Company, Transport guy, encouraged you to get excited & also claim that, company is doing this (Your termination), purposefully & a part of conspiracy, else why not internal investigation happened? Even magistrate cant provide one sided decision without giving chance both the parties, to speak their version. This is partiality, Illegal & one sided decision taken.
9. Ask to reconsider the decision or clear your record of service, with official apologies letter, else my lawyer will ask this questions in court . Let them clarify their stands, what they wish.
10. Incase of no reply (all 3 e-mails & letters), you can Opt for Company's answer or stand by RTI. Based on answer , you can take legal action.
If any termination occur due to 'disciplinary ground specifically', be it probationary period or not, all individual have right for natural justice or can apply to court for Justice. If employee goes to court, 1st order Magistrate provide is ' Domestic enquiry Report', so as to judge whether natural justice has taken place for termination on disciplinary ground or not. Else Victim can claim that termination was Pre-planned & a conspiracy, by employer & natural justice has not taken place.
Still for more advise, you can consult a Lawyer, I hope he/she will say the same.
Thanks & Regards
Sovik B.
MBA- HR & Finance.
Managing Director
S.S ENTERPRISE.
From India, Mumbai
Dear Mr. Sovik B It would be pleasure if you could let us know, under which section of RTI Act we can seek the reason for termination of an employee of any Pvt. Company.
From India, Ahmadabad
From India, Ahmadabad
Hi,
Adding those you show that, ' your Probationary Period' is a limitation', don't listen to them. It will add an advantage to you, because your claim of one sided decision/ conspiracy, will be strengthened . Company have to prove & justify them in court whether they follow hire & fire policy or not. And since you are new to organization, whether conspiracy, partiality/ politics involved, a FAVOUR TO A SENIOR EMPLOYEE, JUST TO SATISFY HIS DEMANDS/EGO.
Either way its a benefit for you. Be Smart, Confident, diplomatic, & go by laws. You don't need to fear anyone.
Thanks & Regards
Sovik B
MBA- HR & Finance
B.sc Mathematics Honours, Ramakriskna Mission VC College, Rahara,
Under- University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
Adding those you show that, ' your Probationary Period' is a limitation', don't listen to them. It will add an advantage to you, because your claim of one sided decision/ conspiracy, will be strengthened . Company have to prove & justify them in court whether they follow hire & fire policy or not. And since you are new to organization, whether conspiracy, partiality/ politics involved, a FAVOUR TO A SENIOR EMPLOYEE, JUST TO SATISFY HIS DEMANDS/EGO.
Either way its a benefit for you. Be Smart, Confident, diplomatic, & go by laws. You don't need to fear anyone.
Thanks & Regards
Sovik B
MBA- HR & Finance
B.sc Mathematics Honours, Ramakriskna Mission VC College, Rahara,
Under- University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
Hi
Saji,
I can answer the question, right away. But I will request you to do a research in this part. I am just trying to help a poor guy, right? I am not paid here for consultation but I have to pay my Lawyers/ Law firm for consultation. Please don't consider me rude, I am just diplomatic, with you.
But still FYI, I would like to add a point, if query for reason of termination is made under RTI, if it is not mentioned in Termination Letter . Company will have to provide the same as cant claim information confidential under Trade Secret Exclusion. Hope, you understand, what I mean to say.
Thanks & Regards
Sovik B
MBA- HR & Finance
B.sc Mathematics Honours, Ramakriskna Mission VC College, Rahara,
Under- University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
Saji,
I can answer the question, right away. But I will request you to do a research in this part. I am just trying to help a poor guy, right? I am not paid here for consultation but I have to pay my Lawyers/ Law firm for consultation. Please don't consider me rude, I am just diplomatic, with you.
But still FYI, I would like to add a point, if query for reason of termination is made under RTI, if it is not mentioned in Termination Letter . Company will have to provide the same as cant claim information confidential under Trade Secret Exclusion. Hope, you understand, what I mean to say.
Thanks & Regards
Sovik B
MBA- HR & Finance
B.sc Mathematics Honours, Ramakriskna Mission VC College, Rahara,
Under- University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
Dear Mr. Sovik
I have searched the RTI Act 2005, wherein I found that Right to Information Act 2005 mandates timely response to citizen requests for government information and not for any Private Company/Institutes/Organization information, that's why I clarified from your end.
From India, Ahmadabad
I have searched the RTI Act 2005, wherein I found that Right to Information Act 2005 mandates timely response to citizen requests for government information and not for any Private Company/Institutes/Organization information, that's why I clarified from your end.
From India, Ahmadabad
Hi
Saji,
You are correct. But here I would like to mention something, your knowledge is 100% correct. You might be not aware of all terms & clause, modification made in RTI guidelines during 2007-2011.
Please refer the following link carefully, here you must have a clear conception for what comes under 'TRADE SECRET EXCLUSION' & direct/ indirect funding meanings. Post Reading this kindly mention your questions, and I would like to share a classic judgment made by Delhi High Court. Will also provide details of the same.
Link:
Right to Information
Thanks & Regards
Sovik B
From India, Mumbai
Saji,
You are correct. But here I would like to mention something, your knowledge is 100% correct. You might be not aware of all terms & clause, modification made in RTI guidelines during 2007-2011.
Please refer the following link carefully, here you must have a clear conception for what comes under 'TRADE SECRET EXCLUSION' & direct/ indirect funding meanings. Post Reading this kindly mention your questions, and I would like to share a classic judgment made by Delhi High Court. Will also provide details of the same.
Link:
Right to Information
Thanks & Regards
Sovik B
From India, Mumbai
Please Ignore my last comment, correct comment is this one:
Hi
Saji,
You are correct. But here I would like to mention something, your knowledge is NOT 100% correct. You might be not aware of all terms & clause, modification made in RTI guidelines during 2007-2011.
Please refer the following link carefully, here you must have a clear conception for what comes under 'TRADE SECRET EXCLUSION' & direct/ indirect funding meanings. Post Reading this kindly mention your questions, and I would like to share a classic judgment made by Delhi High Court. Will also provide details of the same.
Link:
Right to Information
Regards
Sovik B
From India, Mumbai
Hi
Saji,
You are correct. But here I would like to mention something, your knowledge is NOT 100% correct. You might be not aware of all terms & clause, modification made in RTI guidelines during 2007-2011.
Please refer the following link carefully, here you must have a clear conception for what comes under 'TRADE SECRET EXCLUSION' & direct/ indirect funding meanings. Post Reading this kindly mention your questions, and I would like to share a classic judgment made by Delhi High Court. Will also provide details of the same.
Link:
Right to Information
Regards
Sovik B
From India, Mumbai
Dear Mr. Sovik
Thank You very much for guiding me, I have referred the link, wherein I found few clause which is as under :
"Sub clause d(i) and (ii) together mean any non-government organizations which are substantially owned, controlled or financed directly or indirectly by the government would be covered. Thus aided schools and colleges are public authorities, as also any trusts or NGOs which have significant government nominees; or companies where the government either owns substantial stake, or has given substantial finance, are directly covered under the RTI Act. The substantial finance can take into account tax incentives, subsidies and other concessions as well.
"Applicants have every right to seek information on a private company even though it is in the private sector, if it reports to a government body,"
Only applications that served public interest would be dealt with, not those that sought to erode a company's competitive position,
From the above clauses I feel none of the clause states that a RTI can be sought for the reason of termination of any individual i.e. an employee as per my view, which may be incorrect, please guide us
From India, Ahmadabad
Thank You very much for guiding me, I have referred the link, wherein I found few clause which is as under :
"Sub clause d(i) and (ii) together mean any non-government organizations which are substantially owned, controlled or financed directly or indirectly by the government would be covered. Thus aided schools and colleges are public authorities, as also any trusts or NGOs which have significant government nominees; or companies where the government either owns substantial stake, or has given substantial finance, are directly covered under the RTI Act. The substantial finance can take into account tax incentives, subsidies and other concessions as well.
"Applicants have every right to seek information on a private company even though it is in the private sector, if it reports to a government body,"
Only applications that served public interest would be dealt with, not those that sought to erode a company's competitive position,
From the above clauses I feel none of the clause states that a RTI can be sought for the reason of termination of any individual i.e. an employee as per my view, which may be incorrect, please guide us
From India, Ahmadabad
Hi,
Saji,
That's really a good question. At least you accepted that RTI holds good for Private Companies moved from previous stand that under RTI Private companies are extempted. Now, your question whether an employee can ask for Reason of Termination, Under RTI, that's a different question.
Anyway still my answer is 'Yes'. But we have to follow a Indirect Path. Before answering the question, I must understand your conception first & know your mentality, regard handling employee grievance & Corporate Stands that Corporate House takes to save them when challenged Legally from different sources- including Government Agencies.
Please answer the following question very carefully:
1. As an HR , do you consider yourself as advocate of employees? (My stand is Yes, I try for diplomatic negotiation-Understanding, Win-Win Resolution)
2. What do you think can, ministry of Corporate Affairs , Ministry of Labour & employment can go for intervention in case of Private Companies formed under Companies Act, 1956 (with all amendments made) if required? Do you think all Private companies report to them indirectly? (do not limit your answers based on this particular case only).
3. ' Hire & Fire Policy', 'Social Discrimination', 'Harassment', not following corporate laws, comes under which Category, Personal Interest or Public Interest?
4. How Labour Tribunal can opt for intervention in case of Private Companies?
1st answer these question, then I will answer, your question. Perhaps will make you again to agree with me that its possible on Legal Ground.
Thanks & Regards
Sovik B
3.
From India, Mumbai
Saji,
That's really a good question. At least you accepted that RTI holds good for Private Companies moved from previous stand that under RTI Private companies are extempted. Now, your question whether an employee can ask for Reason of Termination, Under RTI, that's a different question.
Anyway still my answer is 'Yes'. But we have to follow a Indirect Path. Before answering the question, I must understand your conception first & know your mentality, regard handling employee grievance & Corporate Stands that Corporate House takes to save them when challenged Legally from different sources- including Government Agencies.
Please answer the following question very carefully:
1. As an HR , do you consider yourself as advocate of employees? (My stand is Yes, I try for diplomatic negotiation-Understanding, Win-Win Resolution)
2. What do you think can, ministry of Corporate Affairs , Ministry of Labour & employment can go for intervention in case of Private Companies formed under Companies Act, 1956 (with all amendments made) if required? Do you think all Private companies report to them indirectly? (do not limit your answers based on this particular case only).
3. ' Hire & Fire Policy', 'Social Discrimination', 'Harassment', not following corporate laws, comes under which Category, Personal Interest or Public Interest?
4. How Labour Tribunal can opt for intervention in case of Private Companies?
1st answer these question, then I will answer, your question. Perhaps will make you again to agree with me that its possible on Legal Ground.
Thanks & Regards
Sovik B
3.
From India, Mumbai
Hi,?
Saji,
One more question, is there:
Q. You have said ' Only applications that served public interest would be dealt with, not those that sought to erode a company's competitive position', does 'Reason Of Termination' can erode company's competitive position? Does is come under, ' Trade Secret'?
Regards
Sovik B
From India, Mumbai
Saji,
One more question, is there:
Q. You have said ' Only applications that served public interest would be dealt with, not those that sought to erode a company's competitive position', does 'Reason Of Termination' can erode company's competitive position? Does is come under, ' Trade Secret'?
Regards
Sovik B
From India, Mumbai
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf