I used to work with a Indian Pvt sector Bank in West Bengal. I had joined the Bank in September 2011 and worked till March 2015. I have performed my underlying job very well and no memo or any HRaction was taken against me during the period. In April'2014, since it was beginning of the financial year I approached my BM and other concerned authority and Regional HR Manager to get transfer to or nearer to my home location in Bihar. Apparently it seemed that they were not happy with my request though they agreed to transfer me and asked me to initiate a mail to my HR and superior authority.
I was in constant follow up with my Regional HR Manager for transfer, in the meanwhile I continued to work in the same Branch, In the month of March 2015 my Regional HR Manager and my Cluster Head told me, they are not able to put me in a suitable role at my Home location/nearer and asked to put my resignation, they threatened me otherwise I will be terminated, I refused to put my resignation without any reason, also I informed them ,that, " I am suffering from Spinal infection and advised a complete bed rest at least for a month", but they refused to grant me any medical leave and asked me to put my resignation and search for it new job. I urged and explained them my inability to move immediately out of station to search for a new job because of Spine collapse, but they refused to grant me any medical leave and humiliated me.
Indeed a termination letter was issued to me on March 5,2015.The reason for termination is not given and they have mentioned the extant of employment agreement for termination. I have received the 90 days salary in lieu of the notice period that too in installments and after rigours followup of four months.Â
Where should I approach to challenge my termination?
From India, Kolkata
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1I was in constant follow up with my Regional HR Manager for transfer, in the meanwhile I continued to work in the same Branch, In the month of March 2015 my Regional HR Manager and my Cluster Head told me, they are not able to put me in a suitable role at my Home location/nearer and asked to put my resignation, they threatened me otherwise I will be terminated, I refused to put my resignation without any reason, also I informed them ,that, " I am suffering from Spinal infection and advised a complete bed rest at least for a month", but they refused to grant me any medical leave and asked me to put my resignation and search for it new job. I urged and explained them my inability to move immediately out of station to search for a new job because of Spine collapse, but they refused to grant me any medical leave and humiliated me.
Indeed a termination letter was issued to me on March 5,2015.The reason for termination is not given and they have mentioned the extant of employment agreement for termination. I have received the 90 days salary in lieu of the notice period that too in installments and after rigours followup of four months.Â
Where should I approach to challenge my termination?
From India, Kolkata
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Please correct me if I am wrong. If your wages (basic pay) is less than 10,000 you will be a workman and you can raise a industrial dispute. You can go to your Labour Commissioner.
From India, Kolkata
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From India, Kolkata
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Dear Sir Nathrao,
Thank you for your response. It is true that I am still suffering from a spine infection, which is actually caused by Bone Tuberculosis. I have all medical treatment documents and reports with me. Although it was detected in January '15, the doctor advised me to have bed rest for at least a month. However, due to job responsibilities, I continued to attend the office and delayed my leave request until the end of the Financial Year 2015.
Suddenly, in March 2015, my Regional HR and superiors started pressuring me to resign, which I refused. There seems to be no correlation between my transfer and my leave request. I was even called by my Regional HR Manager in late February 2015 to meet the Cluster Head of Patna, Bihar for a vacant position under him. But later, the same HR asked me to resign. Isn't this ridiculous? I have copies of all email follow-ups.
Dear Sir Prachanda,
My basic salary was Rs. 18,500, and the gross monthly emoluments were Rs. 51,000.00.
Thanks & Regards,
Rajeev Kumar Ray.
From India, Kolkata
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Thank you for your response. It is true that I am still suffering from a spine infection, which is actually caused by Bone Tuberculosis. I have all medical treatment documents and reports with me. Although it was detected in January '15, the doctor advised me to have bed rest for at least a month. However, due to job responsibilities, I continued to attend the office and delayed my leave request until the end of the Financial Year 2015.
Suddenly, in March 2015, my Regional HR and superiors started pressuring me to resign, which I refused. There seems to be no correlation between my transfer and my leave request. I was even called by my Regional HR Manager in late February 2015 to meet the Cluster Head of Patna, Bihar for a vacant position under him. But later, the same HR asked me to resign. Isn't this ridiculous? I have copies of all email follow-ups.
Dear Sir Prachanda,
My basic salary was Rs. 18,500, and the gross monthly emoluments were Rs. 51,000.00.
Thanks & Regards,
Rajeev Kumar Ray.
From India, Kolkata
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Dear Rajeev,
You have not mentioned your designation in the bank. Whatever it may be, you are a person employed under the West Bengal Shops and Establishment Act, 1963. From your narration, your termination seems to be illegal. Therefore, you can file an appeal under Section 15 of the Act immediately. For the procedural formalities, please refer to the relevant rules and seek advice from a trade union or a lawyer specialized in labor matters.
From India, Salem
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You have not mentioned your designation in the bank. Whatever it may be, you are a person employed under the West Bengal Shops and Establishment Act, 1963. From your narration, your termination seems to be illegal. Therefore, you can file an appeal under Section 15 of the Act immediately. For the procedural formalities, please refer to the relevant rules and seek advice from a trade union or a lawyer specialized in labor matters.
From India, Salem
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Dear Rajeev,
It is very likely that the termination decision was taken by the local management due to some grudge against you. Approach your top management - write directly to the Managing Director - with full details. Do not lose any time. I have seen such termination orders taken back even in central PSU. Yours is a private bank. Hiring and firing cannot be at the whims of a middle-level manager. You must fight! All the best.
From India, New Delhi
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It is very likely that the termination decision was taken by the local management due to some grudge against you. Approach your top management - write directly to the Managing Director - with full details. Do not lose any time. I have seen such termination orders taken back even in central PSU. Yours is a private bank. Hiring and firing cannot be at the whims of a middle-level manager. You must fight! All the best.
From India, New Delhi
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Dear All,
Thank you very much for your valuable responses. I would like to further inform you that I was positioned as a Back-Up Branch Manager in a Managerial Grade. My role primarily involved supervising and monitoring branch operations and compliance; however, I did not have the authority to approve leave requests or make promotions.
Regards,
Rajeev Kumar Ray
From India, Kolkata
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Thank you very much for your valuable responses. I would like to further inform you that I was positioned as a Back-Up Branch Manager in a Managerial Grade. My role primarily involved supervising and monitoring branch operations and compliance; however, I did not have the authority to approve leave requests or make promotions.
Regards,
Rajeev Kumar Ray
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf