Thread Started by #shobhit79

This is in regards termination.
I have been working as Branch relationship manager with XXX life insurance company in there CAT vertical. Recently got terminated on grounds of poor performance.
Show case notice was issued to me And was asked in written that why your performance is below HR EXPECTATIONS, which I replied with the issues which I was facing at work place and there after I was called upon for face to face meeting with HR And zonal Vice president and the issues which i I raised were discussed and addressed but no future expectations or conclusion were given.
After the face to face meeting the following day receives a mail from HR for minutes of meeting held with HR and Zonal Wise president but again no conclusion or expectation were there. I kept on working on my natural way and my line managers too have not concluded anything after face to face meeting and on repeated asking they just replied Carry on with your work .
After 45 days if work on 24 the December afternoon I have received this termination mail stating that with loss of faith and with immediate effect you r terminated without any prior notice after face to face meeting with HR on 25th of October and none of my line managers are kept in loop in email.
Please suggest me what should I do in this senecio. Is this termination illegal . Can I go for filing a legal case?
5th January 2019 From India, Jaipur
There are two issues, one is termination as per contract of employment and the other one is dismissal following a performance issue. Being a Branch Head the company can take any step, either ask you to go paying whatever notice pay is required or issue a charge sheet, prove that your performance was bad and then terminate based on that. The only deviation from this found in your case is that you were asked to explain and then served notice of termination saying that the company has lost confidence on you. that is stigmatic termination. They could have easily terminated you without showing any reason, saying that as per contract of employment, your service is not required and so.. But in this case it is stigmatic. It is okay if they have given you all the evidences to show that your performance was bad.
Now, being a managerial person, whatever the company thinks should be adhered is the common law. This is because you cannot get any protection of Labour Law. At the same time,if you waste your time in fighting with the management, it may spoil your career. Better try to make the dismissal a termination followed by resignation from your side and get relieved in good terms.
5th January 2019 From India, Kannur
Thanks for your replay.
There is still one issue which needs to be addressed.
It is
Why my immediate line managers ie area manager and cluster manager are kept in loop while shooting this termination mail to me.They were not even consulted before taking this nasty action.
Is it not illegal..
Suggest me
6th January 2019 From India, Jaipur
Thanks for your replay.
There is still one issue which needs to be addressed.
It is
Why my immediate line managers ie area manager and cluster manager are Not kept in loop while shooting this termination mail to me.They were not even consulted before taking this nasty action.
Is it not illegal..
Suggest me
7th January 2019 From India, Jaipur
It is not necessary that all the line managers should be given a copy of the mail. It is okay if there is an SOP which says that no one should be terminated without knowledge of his reporting officer. Since the performance review is based on the reports by the Area/ Cluster Managers to whom you normally report, it should be taken for granted that termination is known to him. At the same time, he may say that I am okay with your performance but I am helpless the management or HR is not okay with you. This is a stupid explanation, I understand. If he has disowned the responsibility of terminating you for performance issue, you can better ask them, then on whose reports you have been terminated? anyway HR only can not decide the performance of an employee, or I should say HR has no say in it but only the Reporting Officer or the figures submitted by him can say whether an employee is performing or not.
7th January 2019 From India, Kannur
Thanks for your reply.
Please suggest me what action should I take.
Should I file a suit or should I contact higher authority in our Human resource department.
7th January 2019 From India, Jaipur
I have already suggested that being a manager having supervisory/managerial powers, you cannot move legally. However, you can find an amicable settlement by putting resignation and getting relieved.
Madhu T K
8th January 2019 From India, Kannur
Is there any time period after showcase notice followed by personal hearing for the showcase notice that termination for an employee can be issued and can this termination be issued directly to an employee without keeping line managers in loop and also is it not necessary to inform an employee before termination.
We hat actions can I take.
Looking forward for your valuable suggestions
Thanks
21st January 2019 From India, Jaipur
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