Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Riteshmaity
Labour Law Advocate
Malikjs
Gm (hr)
Naru Hai
Customer Support And Upselling Agent
+1 Other

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Can a HR terminate the employees for not acknowledging something which they don't agree with? I recently joined XXXX, Gurgaon and I was on PST training period.

My trainer, Mr. Y, shouted at me and insulted me in front of our entire batch just because I asked him for a help to set my monitor since it was not working. Before that, in the morning also, I asked him for help regarding my cab since I was not getting cab for 2 days. Then also, he disconnected my call and shouted at me for that when I entered inside the training room.

I did not say anything, just asked him to talk normally. Can't he talk to us like a human? He talks to us as if we are some dogs, not a human. He doesn't have any professionalism. Everytime, instead of teaching us, he would just threaten us that how powerful he is and how he has that ability to terminate anyone whenever he wants.

Later, his boss (the training manager) called me and again, she was shouting at me on top of her voice. She was more annoying than her subordinate Mr. Y. She literally was abusing me. For what, I was still wondering. She did not even let me speak a single word and I was like, a small puppy, in front of them.

After that, I have been asked to acknowledge a CAP which stated something I didn't do. I completely denied to acknowledge the CAP because I did none of them mentioned in the CAP. I just asked for help regarding my system and cab.

I then cleared everything regarding that with the Senior HR and she agreed to write what exactly had happened. Everything had happened in front of the entire training batch so neither I could lie nor could he. I told her everything and they investigated on that issue as well.

But then again, a man who claims himself to be my HR (but he is actually an HR), didn't buy it. After 2 days, he called me to his office (twice), let me sat beside him and asked me to acknowledge whatever he has written on the CAP and when I refused it, he shouted and yelled at me the same (why can't these people talk normally?). Whatever written there on CAP was all a fake allegation and so, I couldn't acknowledge something which I haven't done, right? Finally, he asked me to leave the office and sent me a termination email on the basis of insubordinate that very night.

Is not acknowledging the something which is not correct and which I am not agree with or haven't done, an insubordinate?

Does he have that authority just because he is an HR, to terminate anyone just like that??

Whom should I approach for help?

I am new here in this company so I really don't have any idea whom should I approach for help and I don't even have that senior HR's contact no. or mail id. Her name is A.......

Can they terminate anyone without adding any senior or other officials while terminating a employee through email? In that termination email, he didn't cced anyone. It was only me. Sent from his id and sent to me only, no one in the cc list. Is this termination legally right or void?
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Dear Naru Hai,

Well friend, what is happening with you is quite unfortunate. But then this is trouble to with the American MNCs is, XXXX or otherwise. The trouble with the Indians working in Americans MNCs is that many of them wanted to be more Americans than Americans themselves, that is the root cause of the problem. Above all, American companies have come to India not emancipate Indians but to save the cost of their operations. Because of MNCs, Government of India gets foreign exchange, they create employment too, therefore why bother for national self-esteem?

Coming to the incidents of your company. You are victim of shouting from three persons viz, Trainer, Training Manager and finally HR. Therefore, should we deduce that XXXX has poor interpersonal environment?

Solution: - You are terminated from the services already. What is your choice now? Would you like to ignore the incident and move on or would you like to take on your company? If you wish to do latter then what evidence of workplace harassment do you have? Did you do audio recording when the authorities were shouting at you? Other than termination letter, do you have material evidence?

I recommend you taking copy of the termination letter and approaching labour office of your area. Take appointment of labour officer and find out what he says. When you go to labour office, take with you proof of your employment like appointment letter, pay slips etc. The advice is based on taking at face value whatever you have written. We have not heard the other side. Neither we know whether you have given complete information.

Lessons for HR: - With so much talk on leadership, organisation culture, employee engagement and so on, the posts of this kind gives us peep into what happens actually in the MNCs. Just go to Google and type "Work culture of _____" and you will get very good reviews? Why this post contradicts those reviews? So who is correct? Is the originator of this post correct or those reviews are correct? Assuming that whatever poster has written, 25% of it is true, even then also how this American MNC is different from some Indian lala company? Why deride at Indian lala companies then?

Anyway, other senior members may also give their views.

Thanks,

Dinesh Divekar


Mr Dinesh,

What you have written is perfect and covers the issue.

Private employers are all powerful bosses and can literally hire and fire executives.

There is always a queue of people waiting for jobs in MNCs.

Fighting with them legally is wasting your personal money and time consuming.

Besides any new employer will turn away if he knows you have filed a case against previous employer.

In this particular case,culture of company is evident and is a shouting one.

Better that the employee moves on in life,rather than fighting.he will not get evidence in his favour.

He is ex employee now and witnesses are all current employees.

Only thing which can help him legally is overnight dismissal may not be in tune with natural justice.Whether that HR person has authority to terminate on his own is also unknown.It appears to be an illegal termination considering circumstance of email without being cc etc.

But my question is it worth fighting and joining back a company which shouts instead communicating.

Assuming whatever querist has written is true and not having heard version of company,this person is far better off looking for another job.
Dear Concern,
The termination is purely based on the Organisation policy, Whatever had happend with you was very Shocking because a Company like XXX could not do like this....
Any way you can do one thing that you just sent the same mail which you have received from the guy in HR to your immediate reporting authority with cc to the people in the management.
The same mail you have to forward the Head-HR with your Department Head & ask on the same issue....
Also written the communication & behavioral issue which was did by the two employees of XXX, the mail should be sent from your personal mail id....
Do the same , Hope that you will get the positive result from the organisation..
Thanks
Shubham
Both the replies seem to be correct. However we may need some more information to decide the next course of action. Considering the information provided by the employee is true but few more points may help us more:
1. How long he had been with the company ( Issues referred by him like setting up monitor or cab problem look like beginner category)
2. Did his appointment letter have a clause for such immediate termination?
3. Was he paid something when terminated, if yes what were the components and above all did he accept it?
4. What does the company policy sate for such situations and was he made aware of them by the time this incident happen.
5. Is he gainfully employed after this
These are few helpful questions before getting Justice or reaching a fair decision on behalf of either of them
Regards
Anju Sharma
Prima facie, the termination seems to be illegal.
You can challenge the termination in the labour court provided you are a 'workman' and have completed 240 days of service in the last year.
1. Date of joining and termination.
2. Nature of your work.
3. Nature of company.
4. Are you in probation? If yes, is there any specific clause of termination?
5. Any communication related to your non-performance, if any, by the company?
If you can share such details, it will be easier to advice.
Dear
Termination is separate issue but it is case of workplace harassment .if you have proof you can directly move to police for FIR.
whether it is american MNC or Indian company ,law of the land to be followed by all.
i donot understand when people say it is MNC ,please note all MNC are covered under shop and est act and they are bound to follow all laws applicable to establishments.
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