I was terminated a couple of days ago by virtue of 'Redundancy' and need some advice on whether this is a wrongful termination. My experience in the company is one year.
Background Information
For the past six months, the relationship between my manager and me soured, leading to a lot of mental harassment, including verbal assaults like "you are useless" and "you are good for nothing" over the last 3-4 months.
A month ago, I was called for a meeting with HR and was told my position was at risk. Two weeks later, I was informed that I was being made redundant and am now out of the company premises on 'displacement leave' for the next three months. Informally, my manager told me, "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. Essentially, he got rid of me by saying my position had become redundant instead of using a PIP, where he would not be able to prove bad performance (my appraisal rating was 'good').
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.
Regards
From India, Mumbai
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Background Information
For the past six months, the relationship between my manager and me soured, leading to a lot of mental harassment, including verbal assaults like "you are useless" and "you are good for nothing" over the last 3-4 months.
A month ago, I was called for a meeting with HR and was told my position was at risk. Two weeks later, I was informed that I was being made redundant and am now out of the company premises on 'displacement leave' for the next three months. Informally, my manager told me, "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. Essentially, he got rid of me by saying my position had become redundant instead of using a PIP, where he would not be able to prove bad performance (my appraisal rating was 'good').
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.
Regards
From India, Mumbai
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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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225Thanks,
Sushil
From India, New Delhi
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Employment Termination and Dispute Resolution
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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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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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 that I was not informed 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