Query
Hi,

Two months back my very close friend had joined one hotelier company. He was insisted by his ex- manager very much to join the company, upon which my friend finally agreed to work with. They had given him primary offer letter wherein salary was not mentioned. My friend joined the company without signing the offer letter as it was not complete. He kept on demanding for appropriate offer & appointment letter to them, to which his manager & owner only kept him on hold.

After a month, one day the manager who insisted my friend to join just inform him through Whatsap message that his services are terminated with immediate effect due to non performance & he will get his dues cleared in a week. And he has to submit company owned laptop & dongal.
My friend then tried calling him but he did not pick up the call. Later my friend email the manager & the owner for clearance of pending dues post which he should submit the company belongings.

After two reminders the manager mailed him that he will have to first submit the company belonging in seven days post which he will get his dues cleared. If he don't submit the company belonging in seven days then he will have to face the legal action.

Now my friend also want to go in labor court against employer for termination without prior notice, holding clearance, misleading to take the job offer & threatening to take him to legal action. However the documentations he has is only primary offer letter, message record on whatsap, mail confirmation by the manager on release of payment initially.

How he should proceed? Should he go to labor court & can file against the employer. Can someone HR legal expert advise us on this forum.

Thanks.
10th October 2017 From China

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Preeti Mehendale
Assistant Manager Administration

Dear Preeti,

Are you working in India or China? Your status shows that you work at China. If you are working in India then please change the name of the city and country in which you work. Assuming that you work in India, my comments are as below

a) On-spot terminations are quite common in the hospitality industry. If your friend has sufficient length of service, then by now he must have reconciled with the culture of hospitality industry. He must have acquired exposure to such type of terminations.

b) Hospitality industry is quite close-knit industry. Howsoever, strong recommendation of Manager to join his hotel may be, why your friend did not do reference check of the owner or GM of that hotel? Many times because of the egregious management style of the GM, the hotel acquires the bad reputation. But then how come your friend did not know this?

c) Your friend has been issued with the laptop. But then are there any records to show that hotel property has been transferred to your friend?

d) What is the designation of your friend? How many persons reported to him? This information is necessary to assess whether provisions of Industrial Dispute Act, 1947 apply to your friend. If yes, then instead of labour court, your friend may approach the Labour Officer under whose jurisdiction, your friend's hotel fell into. Your friend may explain the sequence of events to LO.

e) Please note that LO is government appointed authority and different from labour lawyer. Latter is individual professional who works in his individual capacity and obviously charges his fees for providing his professional services whereas former does not charge anything.

Final note: - If your friend was allegedly to be tricked or swindled, then he should have come to forum to seek the advice. It is important to listen the story from the first person (alleged victim). You are a third party. Your friend may be distraught because of the loss of job, nevertheless, keeping aside one's distraughtness, one of has fight one's battle.

Thanks,

Dinesh Divekar
10th October 2017 From India, Bangalore

Dear Preeti,
I came across your posting really a pathetic affair but at the same time feel pity. If educated people like your friend takes a job without a valid document, this is nothing but blunder. However, what has happened already happened. Now your friend seek help to counter the termination.

In this regard Mr. Divakar has already given enough guidance to deal with the matter. Many of the community members regularly asking to come with case in details because the matter you are talking or seeking help is completely a Legal Nature. Where a coma and fullstop means lot and capable to change the nature of the case. Everybody thinks all these are like the readymade garments just give the description got a dress. No one can give any suitable guidance or solution on the basis of above posting. One needs complete details of case and documents related to matter. In this regard you ask your friend to send letters claiming all such in registered post and official mail of the company on regular intervals. If he does so, he can expect and get some communication from the management which may be useful, if challenged befroe the authority. In my suggestion contact a consultant or a lawer deals labour cases with facts and figure for future course of action. You also can contact the local District Labour Officer to discuss regarding the case.
11th October 2017 From India, Mumbai

Hi Dinesh,

Thank you for the reply. I am from Pune India, tried to edit the location, but don't know some issue with that.

My friend is Regional Manager -Sales. The GM of the said property was his old ex-boss & insisted too much to him to join.
There is no written document on laptop issuance. They have not yet given him appointment letter after he following several times to the GM & owner.

I shall ask my friend to join this forum so that he can get direct guidance.

Thanks lot for your guidance Sir.
11th October 2017 From China

Hi Prabhat,

Thank you for the guidance. I shall ask my friend to seek guidance from legal advisor and join this forum as well.

Thank you very much
11th October 2017 From China

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