Dear All,
One of our friends is working in a reputed company as an Associate Trainee. His training period was 2 years as per the appointment letter given. In the appointment letter, there is a clause mentioning that your appointment will be terminated by the end of the second year unless otherwise communicated in writing. However, orally, they were saying they may issue a confirmation letter after 2 years.
Now, my friend has completed 2 years and asked for confirmation. The company is now telling him to work under a contractor or to leave the job. Additionally, there are 55 trainees in a similar situation, and the same message has been relayed to all of them. They have decided to go on strike, but the management seems unconcerned and is running the plant with casual laborers.
Given these circumstances, what actions can be taken? Your views on this, please.
From India, Pune
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4One of our friends is working in a reputed company as an Associate Trainee. His training period was 2 years as per the appointment letter given. In the appointment letter, there is a clause mentioning that your appointment will be terminated by the end of the second year unless otherwise communicated in writing. However, orally, they were saying they may issue a confirmation letter after 2 years.
Now, my friend has completed 2 years and asked for confirmation. The company is now telling him to work under a contractor or to leave the job. Additionally, there are 55 trainees in a similar situation, and the same message has been relayed to all of them. They have decided to go on strike, but the management seems unconcerned and is running the plant with casual laborers.
Given these circumstances, what actions can be taken? Your views on this, please.
From India, Pune
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Approach your nearest "Labor Commissioner Office" with a written representation immediately, and attach signatories of all trainees with appointment letters. I am guessing the factory owners are exploiting employees in the name of training and using contractors to avoid providing permanent employee benefits to workers.
Ukmitra
PS: If that is not working, come back after 15 days, and I will provide some more tricks and tips.
From Saudi Arabia, Riyadh
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Ukmitra
PS: If that is not working, come back after 15 days, and I will provide some more tricks and tips.
From Saudi Arabia, Riyadh
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Since the appointment letter clearly states that termination is automatic in case of no written communication, one cannot hold the company liable as your friend has signed the same. An appointment letter is a contract that was signed, and companies resort to such clauses to circumvent their liability. However, your friend can approach the local labor commissioner and apprise him of the situation and seek his help in this matter. It is important to know the intention of the company. Depending on your friend's situation, he has to decide whether he wants to work in an organization that has already indicated its unethical approach to its employees, because this clarity should have been provided at the time of appointment as a trainee. They could have given the termination in written form if they wanted.
From India, Pune
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From India, Pune
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Evaluating the Impact of a Strike
Where the company is not bothered that you are going on strike and is confident of being able to run the factory with other workers, then I do not think going on strike makes sense.
Understanding Employment Terms
The appointment letter was for a fixed term. You were aware of that. The employment is over, and the company is not willing to extend it. By law, you cannot force them to employ you.
Exploring Employment Options
For the moment, you do not have a choice but to work through a contractor. If you are not happy, search for a job in the meanwhile.
From India, Mumbai
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Where the company is not bothered that you are going on strike and is confident of being able to run the factory with other workers, then I do not think going on strike makes sense.
Understanding Employment Terms
The appointment letter was for a fixed term. You were aware of that. The employment is over, and the company is not willing to extend it. By law, you cannot force them to employ you.
Exploring Employment Options
For the moment, you do not have a choice but to work through a contractor. If you are not happy, search for a job in the meanwhile.
From India, Mumbai
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf