I was terminated a couple of days ago, by virtue of 'Redundancy' and need some advice if this is a wrongful termination. Experience in the company is one year.
Some background info: For the past 6 months, the relationship between me and my manager soured, which led to a lot of mental harassment, including verbal assaults like 'you are useless', 'you are good for nothing' over the course of the last 3-4 months.
A month ago, I was called for a meeting with HR and was told my position is at risk. Two weeks later, I was told that I was being made redundant and now I am out of the company premises on 'displacement leave' for the next 3 months. Informally, my manager told me that 'We had to take this step because of your performance' and if I was given a bad rating, it would lead to a 'PIP' performance improvement plan (this conversation is off the record). So basically, he got rid of me by saying my position has become redundant, instead of a PIP where he would not be able to prove bad performance (my appraisal rating was 'good').
Some questions: Is this kind of termination legal? Can I contest it, and if so, how? Under which law is this scenario governed? Are there any employee 'cells', trade unions, or organizations that could help me out? Thank you.
From India, Mumbai
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Some background info: For the past 6 months, the relationship between me and my manager soured, which led to a lot of mental harassment, including verbal assaults like 'you are useless', 'you are good for nothing' over the course of the last 3-4 months.
A month ago, I was called for a meeting with HR and was told my position is at risk. Two weeks later, I was told that I was being made redundant and now I am out of the company premises on 'displacement leave' for the next 3 months. Informally, my manager told me that 'We had to take this step because of your performance' and if I was given a bad rating, it would lead to a 'PIP' performance improvement plan (this conversation is off the record). So basically, he got rid of me by saying my position has become redundant, instead of a PIP where he would not be able to prove bad performance (my appraisal rating was 'good').
Some questions: Is this kind of termination legal? Can I contest it, and if so, how? Under which law is this scenario governed? Are there any employee 'cells', trade unions, or organizations that could help me out? Thank you.
From India, Mumbai
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are you under probation or confirmed employee? If you are under probation, employer can send you out on the basis of performance.
From India, Chennai
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151From India, Chennai
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Confirmed.Been with the company for a year. Also can I file a RTI for the redundancy process? I read a RTI can be filed against a private institution as well
From India, Mumbai
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From India, Mumbai
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Confirmed, been with the company for some time now. Also can I not file an RTI for the redundancy procedure ?
From India, Mumbai
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From India, Mumbai
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Since you seemed to have worked in Mumbai, you are governed by the Bombay Shops and Establishment Act. If possible, please describe the nature of duties performed by you. However, under section 66, the employer should have given you a notice of one month. If it is not given, it constitutes illegal termination and can be challenged before the authorities under the Act. The Right to Information (RTI) will not directly apply to private institutions, but information that can be obtained by a public authority from a private institution under this Act can be accessed by an applicant through such a public authority (see section 2 for the definition of information).
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Because the start of the employment relationship is based on the agreement of both parties, the usual employment relationship must be based on agreements and must end with a mutually agreed termination. If the parties cannot agree, then each party has the right to represent themselves or be represented by unions to submit litigation. Each state has a process for dispute settlement related to the termination of employment.
From Indonesia, Jakarta
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From Indonesia, Jakarta
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I work within Operations, mainly performing a reconciliation of accounts. I do not have anyone reporting to me.
From India, Mumbai
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From India, Mumbai
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In view of your nature of duties, you are considered to be a workman within the definition of the Industrial Disputes Act despite holding the designation of Manager. You are protected under the ID Act. Therefore, terminating you without providing retrenchment compensation is illegal.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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They have agreed to pay it at the end of my displacement leave. My concern is I was not told about the redundancy procedure. Can I request the company for the procedure to declare someone redundant or file an RTI for it?
From India, Mumbai
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From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf