Career Concerns: Facing Challenges at Work
I am working in an Indian Pvt. Bank and facing some career challenges. My boss, who doesn't like me, has almost pushed me to the verge of losing my job. I have 5 more years until retirement. The reason cited for termination is a performance problem. I have completed almost 25 years of service in various organizations, out of which I spent almost 12 years in my current job (5 years in the current organization, after my previous organization merged with the current one).
Since my present boss doesn't like me (he ill-treats everybody and whoever reacts, he treats them as his enemy) and treats me like his enemy, he wants to dismiss me, alleging that I don't perform well.
Legal Action and Benefits Inquiry
In case I am terminated, I would like to know whether I can approach the labor court and file a legal suit against him. Also, I would like to know whether I will be eligible for superannuation benefits if I am terminated.
Please help me with details.
From India
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I am working in an Indian Pvt. Bank and facing some career challenges. My boss, who doesn't like me, has almost pushed me to the verge of losing my job. I have 5 more years until retirement. The reason cited for termination is a performance problem. I have completed almost 25 years of service in various organizations, out of which I spent almost 12 years in my current job (5 years in the current organization, after my previous organization merged with the current one).
Since my present boss doesn't like me (he ill-treats everybody and whoever reacts, he treats them as his enemy) and treats me like his enemy, he wants to dismiss me, alleging that I don't perform well.
Legal Action and Benefits Inquiry
In case I am terminated, I would like to know whether I can approach the labor court and file a legal suit against him. Also, I would like to know whether I will be eligible for superannuation benefits if I am terminated.
Please help me with details.
From India
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No one in management can terminate without giving valid reasons. If the management terminates you without providing proper justification, you can challenge the termination legally. Management has to give you time for improvement before making a decision. There is a procedure for termination. It's not like anyone can kick out somebody at any moment.
Regards,
Rajeev Dixit
From India, Bangalore
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113Regards,
Rajeev Dixit
From India, Bangalore
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If management decides to terminate an employee, they can do so under many clauses as per the standing orders, even for non-performers. However, there are clauses where an employer has to compensate the terminating employees with mutual understanding. Therefore, I suggest that since you have a few years left before your retirement, please have a word with your boss, express your thoughts, and try to resolve the situation amicably for a peaceful retirement. A legal approach is not advisable at this moment.
Regards
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Regards
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf