Hi all plz advise me what should I do. Well I was working with an application based company like ola cabs and uber cabs as a team leader. I was having a team of 10 guys including me. The matter is that I was cleared probation period of 3 months as per offer leter . And our manager set an impossible targets for individualy each and every one. Coz I was working since last six month I knew the new targets can not achieve. So me and all executives made a request to managers that it's impossible and please review the targets chart. But they said you hAve to do work according to us , if you are agree then ok otherwise start searching new job. We said ok we sent an intimation mail of notice period of 60 days as per offer leter to HR ,reporting managers on 9th October 2015. After that HR manager gave a phone call to me and try to convince me for resignation otherwise she will terminate us and ask for resignation indvidualy in written, but we said that we are asking for notice ,not imidiat resigning. Nobody tried to knw what is the reason. After 9th we kept going to office and marked attendance. But they did not entertained us and not assigned any duty or work. On asking they said that they did terminated us and termination letters have been posted to your address. After 4or 5 days we received termination letters whistle was written due to incoherence with employee code of conduct they are terminating with imidiat effect of 9th October whistle was that date we sent an intimation. And also written all dues till 9th October will clear by 20th . Please advise me what should I do .Should I go to court .
From India, New%20Delhi
From India, New%20Delhi
Better raise individual industrial disputes u/s 2A of the Industrial Disputes Act,1947.
From India, Salem
6016From India, Salem
Hi Jass,
You are not clear on your point, "We said ok we sent an intimation mail of notice period of 60 days as per offer leter to HR ," i.e., whether all of you sent resignation notice individually or collectively through a single mail to the manager, and also, whether all of you wrote individually with your desire that the management should issue notice of 60 days for termination of all of you?
If a single resignation notice was submitted collectively that was quite irrelevant. Also if you desired collectively that the management should serve you notice of termination to all of you that was also irrelevant. Individual notices were required to be served by all of you separately, as all the cases are dealt with individually in HR department. Moreover, if you desired the management to send termination notice instead of calling for resignation, you were justified only after referring the instance of the manager having asked you for tendering your resignation, that too through individual mails or letters by each of you.
So, make clear what is what about your above quoted statement?
From India, Delhi
You are not clear on your point, "We said ok we sent an intimation mail of notice period of 60 days as per offer leter to HR ," i.e., whether all of you sent resignation notice individually or collectively through a single mail to the manager, and also, whether all of you wrote individually with your desire that the management should issue notice of 60 days for termination of all of you?
If a single resignation notice was submitted collectively that was quite irrelevant. Also if you desired collectively that the management should serve you notice of termination to all of you that was also irrelevant. Individual notices were required to be served by all of you separately, as all the cases are dealt with individually in HR department. Moreover, if you desired the management to send termination notice instead of calling for resignation, you were justified only after referring the instance of the manager having asked you for tendering your resignation, that too through individual mails or letters by each of you.
So, make clear what is what about your above quoted statement?
From India, Delhi
Thanks sir for your reply.
We wrote a single mail on behalf of us.but the thing is that no body tried to talk with us . One thing more today I talked with one of HR and finance depart. in what manner they are going to clear dues. He said that who has cleared 60 days will get basic pay of two months. But what abt termination. Still they are not giving experience letter.
From India, New%20Delhi
We wrote a single mail on behalf of us.but the thing is that no body tried to talk with us . One thing more today I talked with one of HR and finance depart. in what manner they are going to clear dues. He said that who has cleared 60 days will get basic pay of two months. But what abt termination. Still they are not giving experience letter.
From India, New%20Delhi
Writing a single mail on behalf of 10 staff is not an appropriate/professional approach, whatever problems you faced you would have voiced out individually or in Group to the Higher Authorities and would have waited for their reply/response. But on the contrary you have send a mass resignation instead, which is incoherence with the employee code of conduct.
It would be better to meet the HR/HOD/Reporting Manager, apologize for the wrong doing and thereafter try to convince to consider your plea.
From India, Ahmadabad
It would be better to meet the HR/HOD/Reporting Manager, apologize for the wrong doing and thereafter try to convince to consider your plea.
From India, Ahmadabad
In your earlier post you stated, "after that HR manager gave a phone call to me and try to convince me," but now stated, "but the thing is that no body tried to talk with us." Why such difference in statement?
By the way, on what specific ground you feel that the management should come down to talk to you when all of you went collectively to harm the interests of the organisation. Your individual representations to vent your grievance could be justified, but mot collectively. You should know, any collective action, if not at the level of a recognised union, is taken as deliberate misconduct on the part of the employees enmass and can also be treated as illegal strike to stall work of the organisation leading to loss to the organisation. You may better, if liked, try to understand that for future guidance, so that misconduct in employment is not committed in any organisation you work for. You have the right to represent your own cause and grievance, but the right of collective bargaining vests with the recognised union only if that is willing to undertake representing the cause collectively for the majority of employees at their level.
From India, Delhi
By the way, on what specific ground you feel that the management should come down to talk to you when all of you went collectively to harm the interests of the organisation. Your individual representations to vent your grievance could be justified, but mot collectively. You should know, any collective action, if not at the level of a recognised union, is taken as deliberate misconduct on the part of the employees enmass and can also be treated as illegal strike to stall work of the organisation leading to loss to the organisation. You may better, if liked, try to understand that for future guidance, so that misconduct in employment is not committed in any organisation you work for. You have the right to represent your own cause and grievance, but the right of collective bargaining vests with the recognised union only if that is willing to undertake representing the cause collectively for the majority of employees at their level.
From India, Delhi
Hello Jass,
Like Saji & PS Dhingra mentioned, giving a single mail of resignation is NOT valid......and moreover can easily be construed as an act of instigation of employees against YOU, as the Team Leader. And which seems to have been so.
Also, PS Dhingra has a valid point when he asked--'In your earlier post you stated, "after that HR manager gave a phone call to me and try to convince me," but now stated, "but the thing is that no body tried to talk with us." Why such difference in statement?
Also, there seems something amiss in your statement "And our manager set an impossible targets for individualy each and every one". Going by what happened subsequently, DID anything happen PRIOR to the targets being revised?
I have a feeling something happened & the raising of the targets was just a ruse to escalate the issue with you/your team to lead the situation where it NOW is.
Rgds,
TS
From India, Hyderabad
Like Saji & PS Dhingra mentioned, giving a single mail of resignation is NOT valid......and moreover can easily be construed as an act of instigation of employees against YOU, as the Team Leader. And which seems to have been so.
Also, PS Dhingra has a valid point when he asked--'In your earlier post you stated, "after that HR manager gave a phone call to me and try to convince me," but now stated, "but the thing is that no body tried to talk with us." Why such difference in statement?
Also, there seems something amiss in your statement "And our manager set an impossible targets for individualy each and every one". Going by what happened subsequently, DID anything happen PRIOR to the targets being revised?
I have a feeling something happened & the raising of the targets was just a ruse to escalate the issue with you/your team to lead the situation where it NOW is.
Rgds,
TS
From India, Hyderabad
Shri TajSateesh has raised a very vital point by making his observation, "I have a feeling something happened & the raising of the targets was just a ruse to escalate the issue with you/your team to lead the situation where it NOW is. " Your description of the problem seems to miss some very vital facts behind increasing targets an resultant stern action by the management.
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From India, Delhi
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From India, Delhi
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