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Dear Members,

NEED YOUR ATTENTION AND URGENT HELP TO RECOVER DUES AS WELL AS FAIR COMPENSATION AGAINST AN UNFAIR TERMINATION.

One of my family member & senior, joined an organisation owned by a well know personality. They provided completely false information and misleading projection about the job profile.

It was a senior role for business development with proper resources & a team, whereas it turned out a basic hard core sales role with no resources and no team support. Even making random tele calls to find prospect buyers etc. There were no written KRA/No written targets/no written documents related to company policies etc, only thing was to earn the salary by doing enough sales/month.

The appointment letter was given after joining and before joining only a LOI. It was a fixed term contractual appointment for 3 years with a very shocking condition regarding resignation/termination; i.e. 6 months salary only, from the employee side and 1 month notice/or salary from the employer side and that to without any reason any time.

During 5 months of working, unprofessional treatment/remarks were passed not only in office but also in home.

On many occasion serious threats of sacking were passed, also pressurised to work on 1/2 salary or work on commission from home in a totally unethical manner.

Finally when the ex-employee returned back to the company, he was asked to leave immediately and termination order was served on grounds on unsatisfactory performance. Dues as per appointment letter not paid i.e. one month notice. It was like adding insult to the injury.

He left his previous job due to their casual hiring. It seems that the company was never serious about his employment and had malafide intention from the beginning. Some companies have no fear/or know-how of legal rules pertaining to employee rights. He has all the proofs to justify his claim.

Seeking inputs from the group members to a) recover dues b) demand suitable compensation c) revoke termination.

If required a legal fight can be pursued without any hesitation, as the family is upset over such casual behaviour and no care & concern towards the employee's career.

We can come, discuss and present everything to the lawyers dealing in such cases.

Thanks and looking forward to help on this matter.

Best regards,

Mayuri Khanna

From India, New Delhi
If this person has been employed with supervisory or managerial powers with at least one person reporting to him, there is no way by which he can get justice because the contract of employment on which his relationship with the employer (company) was built speaks about only one month notice or one month pay for terminating the contract of employment by the employer. Here documentary evidences will have preferences over whatever were told to him before joining. At the same time, had he been a worker without any supervisory powers, the situation would be different. In such situation the provisions of Industrial Disputes Act will supersede the terms of appointment letter. Though employer can terminate employee during probation without assigning any reason, once the reason is specified to be non performance, he should be given an opportunity to be heard. If he was not given time to improve his performance, the termination shall become illegal.
Madhu.T.K

From India, Kannur
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