Skhr07
Hr Executive
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Sushilkluthra@gmail.com
Consultant In Legal Matters
Chitra Kaushik
Asst Manager-hr
Sarala Palapala
Sr. Hr Executive
+2 Others

Thread Started by #shobhit79

Recently i have been asked to resign from the position of AREA MANAGER for a life insurance company on account of doing misbehaviour on phone with seniors. Notice which company has served me is not a notice and directly served me a deadline date not to come office from this date. let me know what should i do as i am a confirm employee and as per offer letter either party can serve notice period for 30 days before resigning from job..
Looking forward for healthy discussion.
7th June 2015 From India, Jaipur
You seem to be working in Rajasthan. If that be so, the Rajasthan Shops and Establishment Act, 1958 is applicable. But if you are not rendering management functions then you are not covered under definition of employer inclusive of manager. If that be so you are covered as employee. And being confirmed, under section 28B of the Act you cannot be terminated without reasonable cause and without one month's notice or in lieu notice period. Here both of these conditions seem to lacking and thus termination is illegal.
Thanks
Sushil
7th June 2015 From India, New Delhi
Dear Sushil ji,
May I ask you if the concern employee is not covered as employee then what? In this case is the termination not illegal?
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7th June 2015 From India, Mumbai
Dear Kargaonkarji,
If he is not an employee under the said Act then only civil suit will lie for recovery of damages. My concern was to emphasis that he should firstly seek better remedy which may entitle him reinstatement even. It sometimes happen that even person holding designation of Area Manager are covered under definition of workman defined under ID Act which depends upon nature of duties and functions they perform. Then this remedy is also available.In both of these cases, the thrust is master servant relationship must exist by virtue of which termination gives cause of action.
Thanks
Sushil
7th June 2015 From India, New Delhi
Thanks for your words but there is one more catch ,as the HR has asked me to resign for forceful resignation on a certain date,beyond which i am not allowed to work , they have directly issued me reliving letter for that particular date as my last day of working without my resignation..SUGGEST me how can i go about in this matter as the complete process adopted by them is unlawful without adhering the terms and conditions mentioned in offer letter.
8th June 2015 From India, Jaipur
Dear Shobhit,
You have accepted that you have misbehaved with your seniors which is against any work ethics. The company has decided to treat you as a resigned employee rather than terminate as termination will be a negative mark to your career.
Kindly share the complete clause in your appointment letter regarding serving of notice period.
However you may always approach your HR and negotiate for the 30 days salary on a friendly note.
Chitra
8th June 2015 From India, Bangalore
All of you are giving good suggestions, but nobody is reading the cause. Mr. Area Manager has committed some misbehavior over the telephone to a senior, and this no company would tolerate at least not the company which runs professionally. So first and foremost he/she has to find out what was the cause and later try to give your good suggestions.
8th June 2015 From United Arab Emirates, Dubai
Hi
Few points needs to be clarified by you
1) if it is a forced resignation - the onus will be on the employee to prove it
2) if you misbehaved with your seniors and if they have evidence for the same , yes the management as the right to remove you from the job ( of course they have to provide you the opportunity to explain your side )
3) no courts will accept , misbehaviour by employees
4) What kind of disciplinary actions are defined in your appointment or service guidelines
5) unless defined in the appointment order / service guidelines, an employee cannot be subjected to " disciplinary actions "
if you really committed the mistake, acknowledge the same , and try to convince the HR dept / Management to provide one more oppurtunity to you
if the mistake on your side, any legal action you are planning against the company will be futile only
regards
r sudhakar
8th June 2015 From India, Bangalore
Dear Chitra
it has been manipulated as misbehavior and it was all hited argument for there wrongful doings to me on phone and they have conveyed the same to HR and HR has done no investigation in my matter and issued me notice period for forced resignation and there after reliving letter stating that as per your interest we are accepting your resignation, where in they have not given me sufficient notice period of 30 days as per offer letter and Ihave shown no interest in resigning from my work. Suggest me what should i do
23rd June 2015 From India, Jaipur
Seek advice of a lawyer and file a case of illegal termination against the company. Basic rules of natural justice have been flouted.
23rd June 2015 From India, Pune
Share the clause which was there in your offer letter regarding notice period,if they clearly mentioned as they can terminate your service with or without notice at anytime. Then,it is waste of time to approach lawyer.
23rd June 2015 From India, Chennai
#Anonymous
Thanks a lot for your suggestions.
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
6th July 2015 From India, Jaipur
Dear Friends,
Badly in need of your help. After a 3yrs of gap post my maternity (after so much of struggle in getting job due to my long break) I joined a startup company as HR. Since it was a startup, they didn't have any HR over there. The owner of the company just sent me a mail saying "we are offering this job", without mentioning any clause or terms and conditions. He also told on phone that, as we don't have any HR yet, you have to create your offer letter yourself once you join. As I already had almost 5yrs of experience previously, I was very much excited and I joined. I also rejected another offer which was offering me even higher salary (it was an MNC) just because this was near to my house and I could manage both office and home. None of the officials in the company have the software industry experience except the owner of the company. Even the owner has only some software experience but no idea about HR terms and policies. He started the company and left his father to look after (He works out of India and parallely wants to operate this business from there). Now whenever I wanted to give inputs as per my experience to his father regarding operations, they understood as argument or over smart. Now, just after 18 days of work they have sacked me out without saying anything and no notice pay. Now since nothing is mentioned in the offer letter, will I be eligible for the 2 months’ notice period as it’s the clause in other software companies? The company is not yet registered under the shop and establishment act.
Please reply me fast as I need to take any action immediately.

Regards,
Sarala P
7th July 2015 From India, Bangalore
You can probably file a case against the individual.
Consult a lawyer at earliest.
If MNC job which you rejected is still open think to join there.
This job of 18 Days is a wastage of time.In my personal opinion,forget it and move ahead.
Not worth fighting it legally also.
You need to examine all job offers very carefully.
Whole set up seems to be in setting up stage and things have not been formalised.
7th July 2015 From India, Pune
Hello Sarala,

Like Nathrao suggested just FORGET THIS & move on.

A word of caution--next time DON'T ignore carrying out a Due Diligence of the Company--especially IF it's a Startup.

Not all Startups are bad--but the word 'startup' is now more often than not used so very loosely that the true meaning has got lost in the mela.

Your excessive focus on being near your home [nothing wrong in this per se] 'seems' to have been used/capitalized by the father in this Company.

Just don't show this exp in your resume.

I recollect almost identical scenario with a startup [same Father/Son combination] with whom we worked earlier. What the son thought was right wasn't agreed upon by the father [after all he's the 'father' & the son had to listen to him I guess].....in the end we stopped servicing them & the Company also closed down.

As a general Rule, be doubly cautious where family members are a part of the Core management team. Problems @ home can effect the office working & it's HR who gets hit/blamed. And this is in addition to the gen gap the older relatives quite often have of understanding the modern-day technologies/practices [though I surely WON'T generalize this aspect].

All the Best.

Rgds,

TS
7th July 2015 From India, Hyderabad
Thanks a lot for your suggestions.
but there r certain more suggestions which i need
1- HR has forced me to resign me on a certain date without meting any condition of any kind in my offer letter.They have not served one months notice period or they have not mentioned anything related to notice in their last mail which says your forced resignation will come into force on this certain date.
Is int this notice null and void .please suggest whether i should take it for granted or i should go for legal.
2-They have again done a mistake by issuing me a reliving letter stating that as per your request and interest we r happy to relive you from your job with this date,wherein i have given no resignation for that date..suggest me what should i do for this.
3- Is there any kind of DEADLINE to be followed for filing a case of my kind?
thanks
looking forward for your valuable suggestions
SHOBHIT
Posted 6th July 2015
8th July 2015 From India, Jaipur
Shobit,
Para 1
You will have to prove forced resignation and that should not be difficult if you have not given your resignation.
The general rule of law is if you allege something you need to prove it.
Have you given any resignation for any date?
There is always a limitation period for legal cases,but sooner the issue is sorted out or converted into legal issue the better it is.
If you feel aggrieved and want redress,go with all facts,letters,email copies to your lawyer and set the ball rolling.
I must remind you court battles are expensive and time consuming.
This in itself puts off many from enforcing legal rights.Also this fact is taken advantage by unscrupluous employers against individual employee.
8th July 2015 From India, Pune
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