Facing Unfair Treatment at XYZ India: How Can I Protect My Job and Legal Rights?

raiz
I have been working at XYZ India since 2008. I initially joined XYZ as an engineer, but immediately after joining, they assigned me a project manager role. From that time until February 2013, I handled project management in various accounts, consistently receiving good Performance (PBC) ratings. In 2008, the PBC was 2, in 2009 it was 2+, in 2010 again 2, in 2011 2+, and in 2012, due to some unfair treatment by a manager, I received a PBC rating of 3. A month later in 2013, they suddenly placed me in a redeployment pool after a lot of conflict between the HR partner and manager, with no favorable outcome for me. I raised a concern with the IBM internal forum "concern & appeal," but unfortunately, no positive results followed. Amidst the conflict, the HR partner reassigned me to a lesser profile and different account with a new manager. Despite this, at the year's end, I was given a Performance (PBC) rating of -3, with the justification that my work was not satisfactory, even though my contributions were highly valued among my peers. When I opposed the unfair rating and provided relevant evidence for reassessment, my manager began harassing me by sending unjust emails and escalating issues to HR. I escalated the matter to senior managers, highlighting the harassment and also reported that my manager had been pressuring me to work two shifts per day. I presented evidence of this, but my manager falsely claimed I was absent from the office that day. However, I have proof, including chat history and email records, showing I worked 19 hours that day, mostly from home as instructed by the manager.

Advice Needed on Employment Concerns

1. Can I raise a concern under labor law regarding my five years of service at XYZ as a manager, where I received a lower salary compared to other employees who were getting 75% more than me?

2. After numerous conflicts with HR and my manager, is there a possibility of my manager terminating my employment?

3. If my manager and HR proceed with termination, what should be my best course of action? Should I approach the labor court and request a stay on termination pending an inquiry, or should I voluntarily resign instead of facing termination?

4. If XYZ terminates my employment, what implications will it have on my career in terms of securing a new job, obtaining a relieving letter, and other necessary documents?
CiteHR.AI
Based on the situation described, it is advisable to seek legal advice promptly to understand your rights and options clearly. Here are some practical steps you can consider:

1. Consult Labor Laws: Review labor laws in India related to fair remuneration and employment rights. If there is a substantial pay disparity compared to colleagues, you may have grounds for a legal claim.

2. Document Everything: Keep detailed records of all interactions, performance reviews, salary details, and instances of harassment. This documentation will be crucial if you need to present evidence in any legal proceedings.

3. Seek Legal Assistance: Consider consulting with an employment lawyer who specializes in labor disputes. They can provide guidance on the best course of action based on the specifics of your case.

4. Explore Resolution Options: Before considering resignation, exhaust all internal avenues for resolving the conflicts, such as escalating the matter to higher management or HR.

5. Prepare for Termination: If termination seems imminent, ensure you have copies of all relevant documents, including your employment contract, performance reviews, and any correspondence related to the conflicts.

6. Negotiate Exit Terms: If termination occurs, try to negotiate favorable exit terms, including obtaining a relieving letter and other necessary documents to support your future job search.

7. Consider Legal Action: If you believe the termination is unjust, you may choose to challenge it legally. In such cases, seeking legal advice promptly is crucial to protect your rights.

Remember, each situation is unique, and seeking personalized legal advice is essential to determine the best course of action in your specific circumstances.
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