Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

Thread Started by #kamal143

Dear experienced professionals,

Need your expert advice in the following matter.

I am an HR professional with around 11 years of experience.

For the past 11.5 months i was working as HR senior manager. The managing director of the company suddenly issued me a termination letter last monday. They didnt even allowed me to come inside the office, he specifically waited there and issued me letter.

The letter was issued in normal paper and not on company letter head.

The points mentioned in the letter were never discussed with me before (neither verbal nor written)

I was recently given an increment of 45% 4 months ago and redesignated and company invested in training for Rs 1,00,000.

Also he has sent a mail company wide stating we are terminating this person due to behavioral issue.

I suspect high level politics involved here, the company is owned by german consortium and he was specifically invited there to discuss about other person (his close relative) five times salary rise. Upon return i was targeted and he terminated me immediatly.

What options are available here for me?

Can i send a legal notice here, will it help? Can i send a defamation case as well here as he has tarnished my image by sending out mail to all the employees .

Kindly let me know what can i do here, also he is not ready to take my resignation now. (in the past company has given termination but post employees request they take resignation).

I also have 3 months notice, he simply saying that we will follow the rule book for the Full & Final. I designed and developed most of policies for the company and i am aware of the rule book very much..but this kind of thing never happened with me before and i have no idea about legal options available for me.
6th August 2015 From India, Gurgaon
Dear Kamal,

What has happened with you is quite unfortunate. Nevertheless, we need to analyse the situation. I can deduce the following:

a) The way you have been removed from the job, has this kind of removal happened with others as well? If yes, then being from HR, you must have been involved in (or seen) unceremonious exit of those employees. Unfortunately, the very sword has fallen on your neck now.

b) Your company, it appears that, has no fear of labour laws. Why this is so that you would know best! Employees who work in such companies, be these MNCs, who have disregard for the labour laws, should be prepared for such contingency.

c) You have written that "I was recently given an increment of 45% 4 months ago and redesignated and company invested in training for Rs 1,00,000.". Now company terminates you. It is not just simple termination but termination with humiliation. This speaks of the company's culture. It is a culture of whims and fancies.

d) You have written that "I suspect high level politics involved here, the company is owned by german consortium and he was specifically invited there to discuss about other person (his close relative) five times salary rise. Upon return i was targeted and he terminated me immediatly." It appears that politicking is usual norm in your company. In that case you have failed to gauge in which direction the wind was blowing.

e) The last sentence of your post says "but this kind of thing never happened with me before and i have no idea about legal options available for me." How can person of your stature say that you have no idea of legal options? If you would not know labour laws, then who else should know? Your management exactly has observed your weakness and has dared to beard a lion in his den.

f) When you were prohibited from attending the office, when you were given termination order on plain paper, what did you do thereafter? You could have gone to the police station and tried lodging FIR for illegal prohibition from attending the duties. I know, lodging FIR is no easy task, but by _____ them, police lodge the FIR. It is up to court to check the validity of FIR. But then it could have come as shocker to your MD.

By posting above comments, my objective is not to rub salt on your wound. But then your post is manifestation of HR professionals, especially working in MNCs, living in ivory tower. On one fine day, the tower comes crumbling down.

Solution: - Since no domestic enquiry was conducted, your company has violated principles of natural justice. Yes, various legal options are available. You may challenge the termination. Your lawyer will tell you that but the very first legal option should be to bring stay order on your termination. Check this possibility first. I do not know in which part of the country you work but check with lawyer whether stay order can be brought from High Court of your state. Go little further and find out whether court passes additional order on circulation of stay order to all the employees the way your termination mail was sent to all the employees. That would be the first kick in the teeth of your MD. Possibly it may bring his morale down and may even revoke termination.

All the best!

Dinesh Divekar


6th August 2015 From India, Bangalore
There is more to this than meets the eye.
You were given an expensive training. And a salary hike 4 months after joining
Such a person is rarely removed like this unless he has done some serious misconduct
Your MD is not a fool.
To terminate in this manner without reason would be illogical. If he wanted this done trouble free he would call you in and ask for resignation with threat of termination. It would be easy. To do like this means either he is an utter fool or he has enough evidence of your wrongdoing.
Since I don't know the details I will stick to the point, assuming you are innocent
Collect your notice pay and F&F. Then file a case both for wrongful termination abs defamation. Contact a German lawyer and sue the company in Germany for harassment. Their current laws hold them responsible for all anti labour actions of subsidiaries all over the world
7th August 2015 From India, Mumbai
Dear Mr Saswata Banerjee,

What you say would be correct in terms of Indian companies but not necessarily MNCs.

Today, Europe is not same what is used to be. European economies are far in weakened state. Nevertheless, what they still cherish is their colonial mindset. Even now also they consider them as masters of the subjects of Asian or African countries.

Yes, Indian subsidiaries of these companies have Indian as Managing Director but then to please their masters abroad, they bend backward. Prolonged subjugation by the foreigners have made Indians subservient and employees who stand for their rights are considered as arrogant persons. HR often considers job candidate a problematic persons if he/she takes up cudgels against his/her employers. The poster of this post is also a HR professional. It is worth asking her that during her incumbency as HR,whether she had selected a job candidate who had filed suit against his/her past employer.

Against this backdrop, what has happened in the poster's company could be true. Yes, we might take the post with pinch of salt. Size of the pinch could vary.

Thanks,

Dinesh Divekar
7th August 2015 From India, Bangalore
Hello Kamal,

First of all, are you a 'he' OR a 'she'?

Asking this since I find in one of Dinesh's responses addressing you as 'she'.

I am NOT touching any of the legal aspects here.

Since you say this is a German MNC & you are a Senior HR manager, I am sure you would know the mail IDs of the higher-ups in Germany for sure. Have you escalated the issue there to anyone?

If Yes, what was the response? And if No, why not? The natural human response mechanism is to take up any issue..... personal or official............to the next higher authority.

Dinesh has given a nice practical suggestion....get an Injunction/Stay first legally. That will give you some breathing time to figure-out your next PoA. That will also escalate issues internally.....since the legal team is bound to send regular reports to their HQ.

And, like Nathrao suggested, actionable suggestions can follow once you post the content [cutting-out the names, etc] of the internal emails & Termination Letter you mentioned.

@Saswat & Dinesh--

Knowing how foreigners operate their Units in India, quite often the local Indian Managers take them for a ride.....giving crap or rather 'what they want to hear'......and as long as the Top & Bottom-lines are OK, the Indian head gets an absolutely free hand. Foreigners begin a relationship with 'I trust you, so you trust me' while it's the other way round with us Indians most often.

The downside of this would be the guy is OUT once the trust is betrayed....there usually won't be a second chance [I only hope Kamal's case is NOT of this nature].

In essence, I won't be surprised IF the German Heads don't even know about the 'why' & 'how' of this situation----the situation would SURELY be different IF there's any German person in the Indian operations.

Rgds,

TS
7th August 2015 From India, Hyderabad
what, happened to you sir finally.. You just asked a question and missing. Its better to update your moves so other can be benefited
14th August 2018 From India, Delhi
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