Facing Job Loss Due to Restructuring: How Can I Challenge My Employer's Decision?

Hello, I joined the organization in Jan '17. It's Dec '17, and I am being asked to look for further opportunities outside since we have no role due to restructuring within the organization. This was communicated to me verbally. My question to the manager was why me, since there are other people (AMs), but he did not answer my question. The contract I signed does not include any such clause. Also, there is no mention of such a clause in the HR Policies document. There are no issues with my performance nor any behavioral/disciplinary issues.

I want to lodge a complaint against the employer and my manager.

Thanks,
Anil

From your very brief query, it is not known what your designation or nature of work is. I am guessing that you are an Assistant Manager (AM), but essentially, being a workman (without predominantly administrative or supervisory duties) in the service industry, it appears you are a 'Workman' and are covered under the Industrial Disputes Act 1947.

Since you have completed nearly a year of service, your services cannot be terminated without complying with the legal requirements in this regard. As you have mentioned, there are no behavioral or performance issues, so no disciplinary action is involved. Therefore, your termination appears to be 'Retrenchment,' and since its pre-conditions, such as notice pay, retrenchment compensation, permission of the Appropriate Government, etc., have not been complied with as per Section 25 F of the ID Act, the termination of your service is illegal and improper.

You can challenge this action directly before the Labor Court, and there is no necessity to submit a complaint to the Labor Inspector. I believe you may consult a competent Labor Law practitioner.

Dear Mr. KK! HR, let's not tender advice based on our presumptions for an apprehended problem presented with insufficient particulars. The reasons are, first, the cause of action for seeking a legal remedy has not yet arisen. He has just been informed to look out for alternative employment elsewhere by his manager. If it is an indirect threat for ousting the questioner for no good reason by his immediate superior, still, he has the opportunity to approach the higher-ups in the organization.

Second, we cannot hastily conclude that he would be falling under the category of a workman to seek redressal under the Labor Law unless the poster comes out with a complete narrative of his job specifications.

Third, even if he is presumed to be a workman under the ID Act, 1947, he cannot approach the Labor Court about his non-employment under section 2-A(ii) without exhausting the remedy of conciliation u/s 2-A(i) of the Act. Alternatively, if he happens to be a person employed under the State Shops & Establishments Act, then he has to prefer an appeal against his dismissal/discharge before the Appellate Authority under the Act. Therefore, let us wait and see what is the further response of Anil.