Labour Law & Hr Consultant
Senior Manager/freelance Consultant
It is not at all an ethical practice (by considering the facts that you have shared).
However if you go to court, there is no guarantee to get a satisfactory resolution. Also it can be definitely time consuming
1. The agreed contract itself states "your appointment can be terminated by the company without any reason, by giving you not less than 1 month prior notice in writing or salary in lieu thereof. For the purpose of this clause salary shall mean basic salary" and so they are right from a contract angle. How much the corporate guy invest in fighting a legal case if you go for a civil suite is something which we can not predict. Civil suites can drag your attention from career to this for years and the result can be in favor of you or the other party.
2. May be internal politics in your organisation made you to get in to this mess. So they don't care if you press further to know the reason. One risk of getting in to a legal dispute is matters like reference. You may not get cooperation at a later stage.
3. What I have heard about governance in firms with head offices in China, a bit strange. Governance is centralized and even your fingerprint data they will not allow to keep in local countries and insist to store in the central server in their home country.
I am not surprised with the kind of treatment that you have received from a Chinese firm. They are good paymasters but do not expect freedom, because it is difficult to change the habits which are built on rules and supervision (and no trust).
My suggestion is to forget this bad experience and join a good company.
Your attitude and competencies will definitely help you to grab a better portfolio than this. May G0d bless you.
17th November 2017 From India, Bangalore
What a devastating impact created on the character of a high profile employee by such a sudden termination of his employment without assigning any reason but simply based on an exit clause in the contract of employment can well be understood by any one with a little bit sense of legality. Kindly refer to my reply dated 24-08-2017 in the thread " Can the management dismiss any of its employees by giving one month's notice without assigning any reason? ". Better consult an experienced Advocate in service matters and consider filing a Civil Suit claiming damages for wrongful termination of employment based on the particular term of a contract of employment opposed to public policy.
17th November 2017 From India, Salem
Integrate yourself & invest your positive energy in right and new direction.
18th November 2017 From India, Mumbai
Your incident sounds horrible to me. Even then I would agree with suggestion of "Consultme". Mr Umakanthan is a very senior member and what he suggest on "legal grounds" is always a trustworthy comment. However you being an experienced person should have thought about in hand when you were rewarded easily. A company cannot judge someone's performance and that too at a director level in 6 months or a year even. The earlier impression of your personality got you benefits but you should have analysed that how performance analyzing mechanism of the company is functioning. Just to mention here that I am not saying you have been given goodies without any efforts.
Reward and Recognition comes with time, not by charm of personality or earlier inceptions. Moreover, good companies do not follow such practice of hiring on third party payroll to avoid their legal responsibilities. Even at that time you had chance to sniff their culture. Never mind, take it as a nightmare and move on with your further career you have. Filling civil suits will only take your time in this case and at time you would also feel harassed by visiting on given dates by court. You had signed an agreement without any pressure/ and consent, and need to respect your decision now for the sake of your time. Move on, life is all about experiencing things good and bad both.
19th November 2017 From India, New Delhi