Umakanthan53
Labour Law & Hr Consultant
Pasu8
Service

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I work in Hyderabad in a MNC as a manager. I joined about 10 months back and since I have joined I have tried to get improve productivity of my team. However this led to unhappiness amongst a few employees and they complained of workplace harrassment. Now the company , approx 2 months after recieving the complaint(s) constituted an enquiry panel. This panel called me for 2 meetings of 1 hour each in a 7 day period and questioned me verbally about certain incidents of where I got angry on team members. During the meeting, which was like an interrogation, I was asked about certain allegations. I effectively proved some of them to be blatantly false, whereas other incidents were 1-1 where I couldn't provide any evidence.
After these 2 meetings, I was called by the HR to office and I was told that you are being asked to resign as the inquiry's has found misconduct applicable. I asked for a written copy of the complaints, which I wasn't provided. I also asked who the complainants were, and who did the team talk to for getting evidence. I also asked to know what policies have I violated, I need that in writing. Still nothing was given to me. The HR refused to provide anything in writing and said you have a choice of resigning. If you do resign on your own, we will ensure this looks like a formal resignation and you will be given one month notice pay as per contract. The HR refused to give me an alternate appeal procedure as well. I eventually resigned to safeguard my career.
Now my question is - did the company follow the right procedure in conducting the inquiry.
As a manager, what options am I entitled to (since I don't fall in the workman category). Can an organization terminate services abruptly without providing any written paperwork (chargesheet, show cause notice, etc) . What next steps should I take to get justice.
Thank you in advance for any insights you can provide.

When you resigned to safeguard your career, there you should know that you are not being terminated by the company and you resigned on your own. Hence there is no way to appeal before any grievance redressal forum since the management has won on their counts. This is a lesson for every one, you are aware that due process of enquiry not happened and you are being forced to resign to safeguard your future. Take this as an experience and proceed your future this is what I can say.
Kumaracme - thank you for your thoughts. however I have read several articles here in this forum that enforced resignation can also be challenged as it is against principals of natural justice. Anyway my question doesn't pertain to resignation, rather it is focused on the validity of the process of conducting misconduct inquiry.
Dear friend,
Learned friend Mr.Kumar's observation seems appropriate to the context you originally explained. If an employer forces an employee to resign, it may be an attempt to circumvent the legal procedure of dismissal or to effect the separation smooth and peaceful. Your stay in the company is for a short span of 10 months only as you mentioned. Though your idea of improving the productivity of your team could not be found fault with, its kickback resulting in complaints against you by the same team might be indicative of your excess of enthusiasm or emotional outbursts. It could be your lack of understanding of the prevailing work culture in the organization or the individual capabilities of your team members which prompted you to expect effective results more quickly than normal. Anyway, it would not be out of place to mention that you failed to win the confidence of both your superior and subordinates. The efficacy of a manager basically depends on how effectively he communicates both upwards and downwards. Forget this bad episode and move ahead with confidence!

There can be two ways left for one to decide i.e.;
(i) Accept the termination & fight for justice for termination in a wrongful manner.
(ii) Resign and leave the place for a new placement
It all depends on an individual, what he wants.
One can Resign and Go but would left with a message for all that "he committed misconduct" and was a wrong man.
In our country, it is difficult to fight for a justice. And get justice instantly, is a day dream. "ja palayati sa jibati" The one who ran away, only saved.

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