Hi, first of all, I want to thank all those very helpful, very dedicated individuals for their sincere efforts to help others. I would like to share an incident that happened with me while I was working with my previous employer, a BPO company. I was terminated by the organization 6 months ago. Currently, I am not working anywhere and have recently received all the documents like PF, F & F, and the experience letter.
Background of Employment
I joined this particular organization in June 2011, and the company is a leading HR company in the world. Everything was going well, including my relationships with managers and senior managers. I was leading the process quality chart (2nd in the entire process). Our process involved working in both night and morning shifts. Most employees were in the night shift, while a few were in the morning shift.
Shift Rotation and Issues
In December, we had a meeting with a DM of our process who shared his views regarding rotating employees from night to morning and vice versa within a specified time limit. Although I had been working the night shift for 2 years, I had some undisclosed medical issues related to working at night.
Eventually, my manager made a decision to move 3 people, including me, to the morning shift. When I questioned the criteria for this decision, she did not provide a clear explanation. Despite excelling in quality and quantity metrics, I was still moved to the morning shift due to medical reasons, with the promise of returning to the night shift after 2 months.
Facing Harassment and Escalation
While in the morning shift, I faced continuous mental harassment from the management. They scrutinized my work for errors, monitored my breaks, and used various tactics to create a hostile environment. Despite this, I tried to focus on my work and maintain my performance lead.
After being falsely accused of errors and facing bullying tactics, I escalated the issue to HR. However, instead of addressing my grievances, the management continued to pressure me to improve my behavior. Feeling unsupported, I took a 7-day leave without informing anyone. Upon returning, I was issued an insubordination and an unauthorized warning letter.
Termination and Reflection
Despite my efforts to work diligently, I continued to face unjust treatment. Eventually, I was terminated without a clear justification, only being offered one month's extra salary. Dissatisfied with the biased judgment, I decided to leave the company.
As I reflect on this experience while guiding a friend currently facing similar issues in the BPO, I wonder if it is too late to take legal action. Do I still have the option to file a case against them, considering I have evidence of the harassment I faced? Additionally, considering I did not complete the 12-month bond period due to unjust termination, can I seek compensation from them?
I appreciate the community's support in addressing complex HR issues.
Thank you.
From India, New Delhi
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1Background of Employment
I joined this particular organization in June 2011, and the company is a leading HR company in the world. Everything was going well, including my relationships with managers and senior managers. I was leading the process quality chart (2nd in the entire process). Our process involved working in both night and morning shifts. Most employees were in the night shift, while a few were in the morning shift.
Shift Rotation and Issues
In December, we had a meeting with a DM of our process who shared his views regarding rotating employees from night to morning and vice versa within a specified time limit. Although I had been working the night shift for 2 years, I had some undisclosed medical issues related to working at night.
Eventually, my manager made a decision to move 3 people, including me, to the morning shift. When I questioned the criteria for this decision, she did not provide a clear explanation. Despite excelling in quality and quantity metrics, I was still moved to the morning shift due to medical reasons, with the promise of returning to the night shift after 2 months.
Facing Harassment and Escalation
While in the morning shift, I faced continuous mental harassment from the management. They scrutinized my work for errors, monitored my breaks, and used various tactics to create a hostile environment. Despite this, I tried to focus on my work and maintain my performance lead.
After being falsely accused of errors and facing bullying tactics, I escalated the issue to HR. However, instead of addressing my grievances, the management continued to pressure me to improve my behavior. Feeling unsupported, I took a 7-day leave without informing anyone. Upon returning, I was issued an insubordination and an unauthorized warning letter.
Termination and Reflection
Despite my efforts to work diligently, I continued to face unjust treatment. Eventually, I was terminated without a clear justification, only being offered one month's extra salary. Dissatisfied with the biased judgment, I decided to leave the company.
As I reflect on this experience while guiding a friend currently facing similar issues in the BPO, I wonder if it is too late to take legal action. Do I still have the option to file a case against them, considering I have evidence of the harassment I faced? Additionally, considering I did not complete the 12-month bond period due to unjust termination, can I seek compensation from them?
I appreciate the community's support in addressing complex HR issues.
Thank you.
From India, New Delhi
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I can empathize with your situation. You can definitely go to the labor court. It will certainly disturb them, but are you sure you have the time and energy to fight it? They can hire a lawyer who can keep you busy for quite a long time. You know the status of our court cases. And then you have a career too, right? Focus on rebuilding your career. Many, including you, may disagree, but being in HR, I know you have to be diplomatic at times. However, you should never misuse the profile you handle.
The more you involve yourself, the more frustrated you will become. Take a break. I hope they have not harmed you much by blacklisting or something like that. You should take hints and make certain decisions about your job at the right time. Unfortunately, we do not have a strong justice mechanism.
While reading your email, I was expecting some suggestions, but seeing none did not surprise me!
From India, Mumbai
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The more you involve yourself, the more frustrated you will become. Take a break. I hope they have not harmed you much by blacklisting or something like that. You should take hints and make certain decisions about your job at the right time. Unfortunately, we do not have a strong justice mechanism.
While reading your email, I was expecting some suggestions, but seeing none did not surprise me!
From India, Mumbai
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The mistake you made was taking an unauthorized 7-day leave without informing management. Your management issued a show cause notice, and as your explanation was not deemed acceptable, they terminated your employment after an inquiry. They have provided one month's salary for termination to justify their actions in the labor court.
Additionally, you did not approach the labor court in a timely manner, resulting in a loss of over six months. However, this does not mean you have no chance of obtaining justice from the labor court, though the likelihood is low at 25%.
In my opinion, it would be best to move forward from this situation, work diligently, and focus on the future. You are still young with many years ahead of you, so refrain from wasting time by pursuing legal action in the labor court.
Regards
From India, Kochi
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Additionally, you did not approach the labor court in a timely manner, resulting in a loss of over six months. However, this does not mean you have no chance of obtaining justice from the labor court, though the likelihood is low at 25%.
In my opinion, it would be best to move forward from this situation, work diligently, and focus on the future. You are still young with many years ahead of you, so refrain from wasting time by pursuing legal action in the labor court.
Regards
From India, Kochi
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Dispciplinary Action.doc