Thread Started by #mojoman911

Hi Guys, Here I have a question and need the correct guidance. I have been working for an US base company in Chennai and they have suddenly terminated my contract. Here is the reason mentioned "you enquired for relieving and notice period procedures and you felt 60 days is certainly huge hence we want to inform you that you can relieve immediately and no longer employed with xxx from your current position".
This happened just because I enquired about the notice period procedures with the HR, in my offer letter the notice period mentioned is 30 days and since I heard the new rule is 60 day, I walked up to the HR to confirm and after a couple of days I was terminated. This decision was conveyed over an email and it also mentions that I am entitled to the salary for the current month. What should I do, what does the Labour Laws states, please help me before it is too late.
2nd February 2019 From India, Chennai
There is a provision in the Industrial Disputes Act that an employee can be terminated only after giving some days of notice, it is 30 days in the case of establishments employing less than 100 workers and 90 days in the case of establishments having more than 100 workers. Therefore, whatever happened to you is unfair and illegal. However, if you have been working in the supervisory capacity with supervisory functions, then you can be terminated as per the contract of employment. Again, if the appointment order/ contract of employment suggests a notice period of 30 days but you were asked to go immediately, then also there is an illegality, like breach o contract. You can file a civil suit against the employer for that breach of contract and wait at least for 30 years for a verdict to come from the contract.
Your act of rushing to the HR Manager's cabin to enquire about the change in the service condition (notice period changed from 30 days to 60 days is a change in service condition which can be made only after issuing 21 day's notice as per section 9A of the Industrial Disputes Act) should have sounded to be an act of taking collective bargaining leadership. You should have been provoked by the others. Finally what happened? You have lost a job and all others who kept silent remained in their office. Now the moral of the story is don't take any decision so quickly especially when you are working like a slave of the US capitalists.
2nd February 2019 From India, Kannur
But what is wrong in this to discuss something with HR of organization, HR is in company to resolve the issue of employees and employees can share their concern to HR related to any new or exists rule or policy. The thing that happen with you, is wrong, you should speak to your HR and higher official in humble way, if nothing happens good then go for legal things if contract has no hidden clause in the favor of employers. In every contract there is a clause for termination as well, you can refer that also.
Thanks
2nd February 2019 From India, Delhi
Termination of contract employee can only be in terms of contract.any violation of contractual terms can legally be questioned in a court of law.
As learned member Madhu stated, legal remedies are long and tortuous and while you spend from your pocket, company will spend from company a/c and no certainty that you will win.
They appear to have given you 30 days pay.
Suggest you move on and not waste money and resources fighting in court.
2nd February 2019 From India, Pune
Thank you Madhu, Smonika and Nathra.
Madhu: I have been employed for them for 8+ months, this conversation happened casually and was not a formal meeting, the HR is approachable individual and I just dropped this question, she conveyed the details to the CEO to confirm the new rule is 60days or more.
I was not provoked, I am wondering if the others are still not aware of it.
Smonika: I agree with this suggestion but the entire organization is under the thumb of the CEO, he was an Indian now settled in the US and takes decisions in a blink of an eye. So speaking to HR, I have already done that and they are helpless and requested to get in touch with the CEO, he is not responding to my calls.
Nathra: I get the point and I do not have any financial background or time to deal with this trouble in court. Moving on is the only option a middle class has but I am wondering if there is a law that I could mention to get paid for a month or two salaries from them. It will take some time until I get my next job and that will have a ripple effect in my family.
Do we have a Labour Law that I can mention in my email that might convey a strong response which might help in my additional month's salary and this will not happen in future?
Thank you, guys.
3rd February 2019 From India, Chennai
As suggested by me just move on.any law you quote will not make the company change.They are aware that individual cannot spare time and resources to fight battles in courts.It would be better to move on and look for jobs.Not that I recommend bending against injustice but being practical as money will be spent on legal battles and that will be more than 2 months salary.
3rd February 2019 From India, Pune
The first para of my reply to your post speaks about the labour law. Certainly, if you had been working in the capacity of a worker, obviously, you can quote the relevant sections of Industrial Disputes Act but I will not advise you to do so considering the HR climate of the country, the way in which associations of employers are functioning which enable them to get the information about an employee(like you) and in this scenario if you try to get a month's pay more or decide to make the other employees safe by teaching the management a lesson by bringing them before the authorities or machinery under the ID Act, you will not get an employment elsewhere. Therefore, better have a good relationship with the management and leave so that at least the HR can help ou when a reference verification comes in future.
5th February 2019 From India, Kannur
Hello, Need your inputs on the following case study: A company with an observation from audit suspected 4 employees and made them to stay away after withdrawing electronic gadgets & accessibility by saying that their salaries will continue to get credited until the forensic audit completes. After 4 months they were terminated without giving any audit findings/ reason. And in continuation to it, they also made another 4-5 employees to go out by saying either you resign or we terminate. Out of these 4, few are very loyal to company & didn't want to spoil their career preferred putting down their papers. Do these employees have any option to defend themselves? Or can they sue a case against the company?
6th February 2019 From India, Hyderabad
Hello HR12345, legally an employee has every right to get a copy of the enquiry report. There is a difference between dismissal and discharge. In your case No 1 it is dismissal based on an enquiry. But while doing so, the employee has to be served a copy of the report. Actlayy, what you had to do is to frame charges, issue charges and then conduct an enquiry, give the employee all possible opportunities to defend the charges leveled against him and then terminate based on the findings. Now if this has not happened the employee can challenge the termination. You cannot say that you had conducted enquiry by forensic experts and they have found that the employee was involved in the crime (don't know what he had done). Such finding will only be an evidence in favour of the employer. You should have atleast given the employee a show cause notice with a copy fo the report from the forensic team and inform him that based on the reports it is very clear that you have done the misconduct and accordingly the management has decided to dismiss you from service and asked for a reply. In the absence of such procedure, the termination will cause a stigma which is bad in law.
In the case of others also, give them a copy of the report and ask them to explain why their services should not be terminated. Then take a call. If the report is correct, they will resign and go and even otherwise, if they feel that the employer has lost confidence on them, they will resign and go. Then why this hurry?
8th February 2019 From India, Kannur
#Anonymous
Thank you the inputs. 30 years of court case? Is it not too much? Precisely a life time..
8th February 2019 From India, Hyderabad
My previous comment was on termination case. The inputs given on my case study is very valid and million thank yous for giving such valid points.
8th February 2019 From India, Hyderabad
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