Nagarkar Vinayak L
Hr And Employee Relations Consultant
Insolvency N Gst Professional
+1 Other

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Hello Members,
Until yesterday, i used to work for a Pvt Ltd company in Pune which terminated my employment stating "inconsistency in your performance and misalignment with the Company culture" today.
My points:
1- no written intimation regarding performance was issued in the past.
2- company's offer letter states probation of 1 month, which i have completed. A Confirmation Letter was not issued to me even after multiple verbal reminders. Since a appointment letter or confirmation letter was not issued, the terms and conditions of the Contract/Employment was not clear and not conveyed in any manner.
3- though it is a Pvt Ltd Company of approximately 10+ employees, there is no PF.
4- no salary slips provided
5- no professional tax deduction
6- forcefully asked me to work extended hours on multiple occasions without any extra pay.
7- was called a backward caste in meeting.
I have replied to the HR's email asking for compensation for terminating my employment without a advance notice. I deally, they needed to give me a notice of one/two months to find another job or pay me those many months salary for terminating my employment. I have the entire meeting recorded on my phone.
Please suggest/advice a legal/out of court action which can do justice to my treatment.
BTW- my wife is a Lawyer but has never practiced in Labor Law. Which acts do i ask her to refer in my case?

How long and in what capacity did you work in the company?
You may have legal issues, with the way, you were terminated but for that you need to consult a lawyer who is in practise with labour law cases.
Deal with it calmly and send a reply under the guidance of an advocate .
Meantime look around for another job.
This step will be the best option for you.
Legal matters take years to get settled and at the most you may get one or two months pay as compensation if you win the case.

From India, Pune
I worked as a Sales Manager and joined on 10th May 2018 and was terminated on 20th June 2018. The offer letter says a probation of 1 month. There was no documentation after that. The company did not have proper documentation and is run literally by people who do not know the abc of HR policies.

Your termination is illegal on ground of allegation( "inconsistency in your performance and misalignment with the Company culture").
There is a gross mistake has done by your employer for not serving the notice. Therefore, you have ample opportunity to cahllenge your termination.
There is no meaning to raise all other points at this stage rather you focus on one aspect that is termination.
You need to contact a good Lawyer deals in labour case in tribunal or high court. Your wife may be knowing some lawyer of the category for preparation of draft letter to file before the labour authority.

From India, Mumbai
@prabhat Thank you for your honest suggestions. I’ll surely work towards it. Your advise/suggestion is a real motivation for me at this time.

Dear Colleague,
Apparently, your termination appears to be illegal as for alleged acts of misconducts , you were given no opportunity to defend.
Since you worked as Sales Manager, the question whether you are a 'workman' or not under the Industrial Disputes Act, under which you can challenge your termination, becomes most important. You engage a good labour lawyer, and proceed.
Your legal action might put the company on the mat and may help settle your case on monetary terms.
However, court matters take long time for final outcome. Therefore, it is better strategy to look for another job simultaneously.
Vinayak Nagarkar

From India, Mumbai
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