Anonymous
Dear All Learned & Experienced friends, I need your advice. I’ve been wrongfully & illegally terminated from my confirm service without citing any reason & by victimizing me as I highlighted all non-compliant practices in which higher management were involved.

I'm designated as Area Business Manager in MNC but working like RBM & responsible for entire East Zone. I've informed HR about Falsified Stock Statement Report submitted by Representative who is relative of Higher Management. That Representative confess the fact & resigned & mention all higher managements name who drive him to do non compliant activities. Within 10 days MD & HR came to my place & started interrogating me on False allegation against me. Then they send ticket to come down to HO without any mail invitation & agenda. I went & they suggest me to resign because TRUST broken.

Whatever allegation they framed against me I proved it in black & white with all documentary evidences. I didn't resign & came back. They immediately cancelled my return ticket & locked my Outlook express. Same evening they send termination letter on my personal mail id. matter of letter is here " Refer to the discussions you had today at Head Office, Gurgaon. Your services are being terminated with immediate effect.Your were requested to handover all company assets to your supervisor. You willfully and knowingly left the office without handing over company assets. When called and requested to return to the office to return assets you again refused and are returning to Kolkata. We are therefor constrained to file an official complaint for the recovery of our company assets."

Can HR do send this kind of termination letter without any show cause, domestic inquiry, opportunity to defend the allegations?

What should I do now? Please help me with your expert advice.

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Tushar.swar
Manager - Human Resource
Manish Bali
Head - Ir/hr
+2 Others

Yes, it is totally unlawful conduct,
You are not covered under the definition of workman as per I.D.Act. You may approach Civil Court to get justice in this case
No organization can terminate any employee without giving any opportunity to prove his conduct.
Organization has to follow service contract signed with you, in which minimum to minimum, one month notice period they have to give you before simply termination.
Now, if your company send you, full and final thru cheque or thru any other mode, return it, with the proper correspondence, Regd. A.D. and UPC. Must have copy with you.
Not submit resignation in any circumstances, if you want to go to legal proceedings.
Regards,
Manish Bali
Head -IR/Hr Jindal Grp.

From India, Delhi
Dear,
For any termination case, company need to provide the valid reason, service can be terminate immediatly on the basis of missbehave, or any high missconduct. but, general process is, first company has to give a charge sheet on the employee name with proper mentioning change (s) & specifice & valid time to respond or defend on the same & failure of respond within specified time, it can lead to the termination without any prior intimation.
If your termination letter not specified the valid & accurate reason of termination, then you should revert on said mail & ask for the same, once you get in the writting, it will be helpfull to you for further action, you may file case in civil court or industrial dispute court.
Regards,
Tushar Swar

From India, Mumbai
Dear Manish,

Thanks for the kind feedback. Now need further guidance on following:

Termination letter details follows: "Refer to the discussions you had today at Head Office. Your services are being terminated with immediate effect. You were requested to handover all company assets to your supervisor. You willfully and knowingly left the office without handing over company assets. When called and requested to return to the office to return assets you again refused and are returning to your Home town. We are therefore constrained to file an official complaint for the recovery of our company assets.". But I've been called in HO without any agenda & information on anything to discuss related to any enquiry or allegation. It was informed me as business meeting.

Next day I replied on same mail & denied to accept Termination without citing any reason. I wrote following, “Request you to kindly take note of the fact that I do not accept this termination letter as it has not been issued in adherence to the relevant labor laws of India & it's not in accordance to the provisions laid down in the principle of natural Justice. Therefore keeping in view the procedural lapsation made herein during issuance of my termination letter. I hereby request you kindly withdraw this letter of termination of services which has been issued wrongfully & illegally immediately, failing which I'll be compelled to take shelter of relevant regulatory as well as judicial bodies to seek justice from all ends. Moreover request you kindly take note of the fact that I've not returned the company assets which are in my custody since the termination letter is itself null & vide. Awaiting your kind cooperation & respond in this regards.”

1 week later HR replied “An internal office note to this effect was circulated for termination of the relationship in compliance with the requirement of Clause of Severance. It is the intention of communicating this decision that you’ve been flown to HO to meet your supervisor. The order passed by the management in effecting separation of relationship in a simplicitor manner and it’s appropriate and based on office note approved by management in this behalf 2 days earlier.”

I expressed them to return IT assets & replied “I'll handover all said assets under protest & without prejudice to my rights & contentions”. I expressed my Grievances relating to illegal termination & request for a fair opportunity of defense.

I wrote to HR that “you have mentioned that I have been terminated as per the provisions of Severance Clause of my appointment letter.

Severance Clause of my appointment letter states as follows:

Para 1- Your services can be terminated by the Company by giving you two months notice or two months’ salary in lieu of notice period. Similarly, in the event of your resignation, you shall give two months notice or salary in lieu of two months notice period. You shall not be entitled to adjust your pending leave / salary in lieu with the notice period unless so permitted by the Company. Unless otherwise directed by the Company, you will continue to discharge your duties during the entire notice period. Your resignation shall not be effective unless accepted.

Para-2 If at any time in the opinion of the Company, which is final in this matter, you are insolvent or found guilty of dishonesty, disobedience, disorderly behavior, negligence, indiscipline, absent from duty without prior permission, committing a breach of any of the terms, conditions and stipulations contained in the appointment letter and on your part to be observed and performed or in violation of one or more terms of the said letter , or any other conduct considered by the Company detrimental to its interests , your services are liable to be terminated forthwith, without any notice / salary in lieu of notice period, without prejudice to any other action, rights or remedies available at law.

As per paragraph (1) of Severance Clause of the referred appointment letter dated it has been categorically mentioned that the Company is free to terminate me at any point of time subject to two months prior notice.

As per paragraph (2) of Severance Clause of such appointment letter it has been mentioned that the Company is at liberty to terminate upon establishment of the fact that there has been dishonesty, disobedience, disorderly behavior, negligence, indiscipline, absent from duty without prior permission, committing a breach of any of the terms, conditions and stipulations etc , at any point of time.

It is pertinent to mention here that neither any two months prior notice was served upon me, nor any allegation as mentioned in paragraph no. (2) of Severance clause was levied , communicated or established upon.

In case of allegations regarding dishonesty, disobedience, disorderly behavior, negligence, indiscipline, absent from duty without prior permission, committing a breach of any of the terms, conditions and stipulations if any, it is a settled point of law that such allegations ought to have been communicated to the person against whom they are made and such person should get a fair chance to defend himself.

I beg to state that no such allegations were ever communicated to me. Thus we can conclude that there are no such allegations. I was illegally and arbitrarily terminated. Such termination has been sheer violation of my fundamental rights.

I would also like to state that I have been forced by the Company to surrender my laptop , phone and i-pad which were given to me by the Company containing all relevant documents during my service. I have returned them without any prejudice to and reserving my rights.

In these circumstances you are hereby requested to inform me that under which provision of Severance clause of my appointment , I was terminated.”

HR Replied on this follows:

“Please note that Severance Clause para 1 provides for termination by giving 2 month notice or 2 month salary in lieu of notice period. This clause is very specific. There is no requirement to give you 2 month notice before termination of services nor do you have any RIGHT to hearing any manner. You’re advised not to impute such types of allegations in your letter. Your notice pay will be release with full & final settlement. “

Can HR send this kind of termination letter without any show cause, domestic enquiry, and opportunity to defend the allegations?

How Can I challenge them in Civil Court? What should I do now? Please help me with your expertise advice.

Regards

Tarun

Mob-9007068787


From India, Mumbai
Dear Tarun,
If they terminated to you on clause no. 1 then they dont need to given any specifice reason or evidence but, they are bound to pay you the notice period.
Secondly, if they terminated you on the clause no.2, then you can challenge them on civil court for asking for evidence of such offence raised by them.
You may challenge in civil court on both reasons.

From India, Mumbai
Dear Tushar,
Thanks a lot for your advice.
Initially they've terminate me without citing any reason.
On denial of Termination they mentioned Severance clause of my appointment letter after 10 days.
Again when I requested them for specific reason then they replied i.e after 20 days that they will pay notice & seems para 1 of clause.
From the above episode HR has realized their fault & trying to save with para 1 of severance clause. But they never communicate me earlier & after repeated request they inform me only notice pay.
Is it not enough to challenge Unlawful Termination & arm twisting activity of HR Personal in Civil Court. Please guide me.
Accordingly I'm going to Sue them.
Regards


From India, Mumbai
You have very strong case. It is very clear that HR has not handled your case properly, their file is very week, and can not stand in any court.
You may go forward and send them letter thru some advocate, if you want to continue with them, demand reinstatement with back wages. If you are not in a mood to fight longer, may demand 2 month notice from them asap.
You, yourself know that your case have potentiality to fight. HR did some mistakes in your case and you may get advantage from that. I think go ahead, sue them.

From India, Delhi
Dear Manishji,
Thanks Lot for boosting my confidence.
I'm going to sue them. Being not workmen Can I demand Reinstatement with Back wages in civil court?
Why only 2 month notice? There is no fault of mine & because of their fault Why I'm going to loose credibility of 17 years.
I joined this organisation 2 years back & prior to that I've worked 17 years in MNC with very clean & performing image.
How can I compensate that loss with just 2 months notice. As you know at age of 41 it's very difficult to get job after this kind of Incidence.
So What should I demand from Court as Relief from this mental agony & future job prospects.
Regards
Tarun

From India, Mumbai
Dear Mr. Tarun,

I have very less professional experience, and I am not the right person to comment on this discussion.

I just want to put one point here, they are free to terminate you any point of tme subject to two months notice/Salary.

As per paragraph (1) of Severance Clause of the referred appointment letter dated it has been categorically mentioned that the Company is free to terminate you at any point of time subject to two months prior notice.

So they are following this, May be their reasons of termination is false, but they are following the standard, so even if you take them to any court, they will get out of it easily.

You have lots of experience and in your professional tenure, you may have came across of many termination cases, so its a professional practice and we all have to follow this.

Here you are just thinking emotionally and trying to satisfy your EGO. My friend don't take it on your EGO and don't get emotional, professional life has no space for emotions.

And lastly i want to add, You have already proved yourself, any company will hire you immediately, this two months compensation is not a loss, its a BONUS with LEAVES to change your BOSS and COMPANY

I am glad to see the supports/suggestions of all my seniors to each other, finding myself very secure that I am a part of association, where many people are there to support and guide us

Regards:

Arjit Neema

From India, Delhi
Dear Arijit,
In this case, company neither given 2 months notice nor 2 months notice pay.
You are at very right point, that some times we have to kill our ego, to survive.
This is really strong case to fight for, and company cant get out from it easily. And in this kind of cases maximum decisions come in favour of employees only.
Still, your suggestion may be very valid, if this company pay compensation immediately, Tarun must think for his career first. In my opinion, in this hostile conditions, he may not go for reinstatement, but get his full compensation, for that if he go for legal proceedings, he should opt for, he may sue them and he will get all his dues, as well as their HR will learn some lessons, employees can not be terminated without making good file. Imposing allegations are very easy, but to prove, is not that much easy.
Thanx and regards,

From India, Delhi

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