Nelson25
Human Resource Manager
Malikjs
Gm (hr)
Catch00000
Hr / Manager
+3 Others

Hi All,
I need your advice. I work in a small industry as a HR & Admin coordinator. Apart from my profile i look into all the departments. Recently i went for a meeting with my Sr. Manager and technicals Executive, which was approved by our Director Marketing. The finance controller has directly sent a mail to me in this regard and asking an explanatiion why i had gone there and raise a bill of Rs 740.

When my Sr. Manager has said that the mail should come through proper channel and we have already reported to our Director Marketing, his termination letter was issued. Today morninng he called me and said why i m not picking up his call. i said i m busy you can see me on CCTV. I was very polite while talking to him. Now he has issued a termination letter to me also with issuing a warning letter.

My HR manager who has recently joined this organization has passed a sexual remark and he forcefully holded my hand too. i was silent on the issue in the past and tried to deal with my self only.Mnager HR is realted to finance controller.

Now what should i do? Need your advice urgently.

From India, Delhi
Dear Neha,
As far as i see the situation is the people in ur org. don't want to grow.
Perhaps they are using this cheap way to get u out of org.
U done nothing wrong. why should he issued a termination letter. and as far as sexual remarks passed by ur HR manager.
There is law called SEXUAL HARRASMENT- go ahead, apne liye lado... unki band baaja do.. m with u..
Regards
Vipin

From India, New Delhi
HI....NEED YOUR ASSISTANCE
Myself working wth a small company.....completed only 2 years...
want your guidance how to start the processes and tell me what all policies and procedures i need to take care of...
please help its urgent.............

From India, New Delhi
geetika,some one has raised question,why are u raising your query inbetween .you can rase seprate question.it is very bad.
ms neha unable to understand termination letter as well as warning letter,how both together.in this situation you can talk to head of the organisation.
tks
js malik

From India, Delhi
Hello Neha,

I read your subject carefully, I got impression that your organization is may be some small or medium scale company with family owned business kind of background where Managing Director is whole and sole of organization.

First of all what is important is working in an organization with civilised people who observe basic etiquettes in organization. You must ask an appointment with your Managing Director who is owner of this compay and meet him personelly to explain entire situation and request that if company does not require your services they should relieve you in legal and dignified manner and the modus operandi of such nature is unwarrented..and unnecessary..

Second issue is warning notice doesnot stand in light of termination notice until proper enquiry is held and you have been asked show cause followed by charge sheet after conduting enquiry depending on gravity of misconduct punishment should not be disproportionate to the gravity of misconduct otherwise it will not stand in court of law and will be treated as colourable exercise of power by the employer.

You HR manager is appears to be illiterate and ignorent of the labour laws to terminate you directly without knowledge of what procedure should be adopted and law of land to be followed in this case.

You can catch HR Manager on wrong the foot and explain your MD the boss during your conversation that HR Manager is not knowledgable and misguiding the company directors on legal aspect of this termination and subsequently repremand HR Manager that if this does not withdrawn termination letter, you have liberty to complaint with Commissioner of Labour or File suit in Labour court challenging your termination...which is technically 100 % illigal...Warning and termination at one attempt is self explanatory to define as victimization case....

I hope your MD will make things upright because no serious Businessman or Entrepreneur can aford nuisance with his business by his own employee to damage his reputation and letigations.....

Badlu

From Saudi Arabia
Dear Neha,
For termination there is a specific defined process ...Domestic inquiry.....Warning letter can be issued after socause notice and there should be a paticulat committee which will call some explanation regarding any matter incase they will not get satisfactory explanation then either they may warn you through warning letter or they may terminate you on the decision taken by the committee ....i am sure they have not followed that... you can go to labour court regarding the same.
Do you have some policy book or defined code of conuct ... incase not better to leave the job because there is no mean to work for such an organisation where few people rule even with out any rules...
Regards
Manish

From India, Belgaum
Dear,
I dont know wether ur aware about the formed committee in your org. under factory Act for protecting intrest of women working in verious companies ( just Two/Three Months back).
By taking the help of this committee you can go to your Directior for getting justice.

From India
Dear Neha
Apart from all above, my opinion is, please find a good and new org. job first, with explaning to new employer your this past action. After getting new job letter, than do the legal action between that period.
Might you have not signed on termination letter. Even if signed, put the case with legal advice. Make sure you will never work in such org even if they feel compromise/sorry. Case the panality in huge amount on them.
Regards
Gaurav Arora

From India, Kota
Dear All,

Thanks for your support and guidance. My organization has issued a termination letter to me and my Sr. Manager (becoz he was supporting me), this termination letter was issued by Finance controller who is sitting in Canada Office. He is the whole sole of this organization ( i guess). This organization has many loose point which all knows, we have informed our CEO about these loose points and requested him to come india ASAP to save India Operatiion becoz we want our career to grow with this organization. We are emotionally attached with this organization and don't want to leave.

Now second thing is that Can a finance controller issue a termination letter and without issuing a warning letter. According to me termination letter can only be issued after issuing warning letter. We are on Payroll not on probation.

I m confused what should i do, Should i file a compalint aginst these issues or should i leave this organization quitely, but leaving these organization means giving a chance to HR Manager and Finance Controller to play great politics with others , which i don't want.

From India, Delhi
Neha,

There is no limit to close this topic..You can select appropriate method and approach which will restore your respect and dignity and expose of natorious charactors who take advantages of their positions....which they should realise that this tricks playing are not so easy to get succeed over honest employees by harrashing them and intimidating by reinforcing fear of loosing jobs...

Loosing job is not big deal, if it has to happen it will happen no one can stop that but not from speaking truth no one should stop.

As I mentioned in my earlied responce you must highlight the labour laws for termination and warning notice procedure to your MD or CEO and explain that HR Manager is misguiding the higherups and this kind of illigal HR actions may leads to many penalties and financial losses to the companies if employees challenges this in Labour Courts. Its not only question of penalty but court orders states reinstatements with full back wages means salaries of employee during the period of temination will also to be borne by the company. This all mess is due to ignorence HR Manager who seems to have no clue of Labour Laws in India.

Now come to your question....Authority to terminate..as per Indian labour laws only apppointing authority who is empowered to sign your appointment letters are only authority to terminate your services this procedure is also followoed in Domentic Enquiry...If company has empowered Finance Manager he can terminate the services provided he must have authority to decideds the appointments in the company. Court will also question this termination validity on this authority to terminate...

This case is very weak and has no legal validity therefore you have to speak things clear and loud to appropriate authority who can make things upright in your company.

Finally, if all your attempts fails to convince, innediately approach to labour court and file petition for reinstatement with all full back wages challenging termination its very easy case and request court ask respondent to ensure financial gurantee as relief for surity and security against recovery of financial losses as this company operates from Canada and their Directors may anytime quit the country and no recovery possible if business is closed in India.

Meantime you search another job and fight this case as it will take some time and you cannot wait until you must find alternative but your action will be a lesson to them. Alternatively you are not going to be looser as your back wages are assured and one fine day this order will bring your salary for this period of pending court case.

As you know either forcefully or unwillingly you have to quit as they have terminated your services, therefoer you are no going to be looser anything other than job which in both the cases is lost. But altleast you have 100% chance torecover damages and salary for pending court case period sittting at home.

Enjoy and persue some course in this time....

Badlu

From Saudi Arabia

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