Hi! I joined a company on 16th August, and on 20th August, they asked me to leave by stating that they were not comfortable with me. I had left a good organization to join this company and even rejected another offer. Could you please advise me on the actions I can take against the company? I have the offer letter, but the company has not provided the appointment letter.
Thanks and Regards,
From India, Delhi
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Thanks and Regards,
From India, Delhi
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Dear Rakesh,
You cannot take any legal actions until you have any Official Documents that can prove your joining with the company. You can proceed with legal steps based on one or some of the following documents:
1. Copy of Joining Report if you have filled it.
2. Appointment Letter
3. Record of Attendance if you can arrange the same
4. Other records such as Induction Training Records, P.F. Enrollment Form, Gratuity Enrollment form, ESI Enrollment Form, but all the forms must be signed by the Authorized Signatory of the Company.
5. If visiting cards have been allotted to you.
6. If any authorized information regarding your joining has been passed on to other Departments, Department Heads, or Management by any Senior Personnel of the company.
By presenting some of these documents to the Labor Commissioner, you may receive relief if he can understand your situation properly.
Otherwise, until you have the Appointment Letter, you cannot take any actions against the company.
If you can prove yourself, you are eligible to get your job back with the charges paid to the lawyer and Labor Court or others. You can also charge a fine to the company, and the company has to deposit the amount decided by the Honorable court.
Regards,
HIMANSHU PARMAR Sr. Executive - H.R. MTIL - Vadodara
From India, Vadodara
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You cannot take any legal actions until you have any Official Documents that can prove your joining with the company. You can proceed with legal steps based on one or some of the following documents:
1. Copy of Joining Report if you have filled it.
2. Appointment Letter
3. Record of Attendance if you can arrange the same
4. Other records such as Induction Training Records, P.F. Enrollment Form, Gratuity Enrollment form, ESI Enrollment Form, but all the forms must be signed by the Authorized Signatory of the Company.
5. If visiting cards have been allotted to you.
6. If any authorized information regarding your joining has been passed on to other Departments, Department Heads, or Management by any Senior Personnel of the company.
By presenting some of these documents to the Labor Commissioner, you may receive relief if he can understand your situation properly.
Otherwise, until you have the Appointment Letter, you cannot take any actions against the company.
If you can prove yourself, you are eligible to get your job back with the charges paid to the lawyer and Labor Court or others. You can also charge a fine to the company, and the company has to deposit the amount decided by the Honorable court.
Regards,
HIMANSHU PARMAR Sr. Executive - H.R. MTIL - Vadodara
From India, Vadodara
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Dear Rakesh,
Himanshu has given you a detailed and accurate reply. If you can provide any of the above documentations, then we can think and guide you about the future course of action. So reply and tell us what you have. Then at least you can challenge this, and who knows the result comes in your favor.
Of course, it is an unfair labor practice most commonly practiced by lala-type companies. You have lost what you can, so my advice is to fight till the last ray of hope is there. This will teach them a lesson, and if things come in your favor, you will win the lost ground.
All the best, Bibhutosh Bhadauria
From Australia, Balwyn
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3Himanshu has given you a detailed and accurate reply. If you can provide any of the above documentations, then we can think and guide you about the future course of action. So reply and tell us what you have. Then at least you can challenge this, and who knows the result comes in your favor.
Of course, it is an unfair labor practice most commonly practiced by lala-type companies. You have lost what you can, so my advice is to fight till the last ray of hope is there. This will teach them a lesson, and if things come in your favor, you will win the lost ground.
All the best, Bibhutosh Bhadauria
From Australia, Balwyn
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Mr. Rakesh Bhatia,
I don't think any remedy under labour laws is applicable to you because you were offered a position as an executive in HR. Therefore, neither a labour commissioner nor a labour court will entertain your case unless you are classified as a worker. The only recourse would be to file a civil case, but for that, you must have all the necessary paperwork, as rightly pointed out by the two friends above.
Thanks and regards,
MM KULKARNI
From India, Pune
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I don't think any remedy under labour laws is applicable to you because you were offered a position as an executive in HR. Therefore, neither a labour commissioner nor a labour court will entertain your case unless you are classified as a worker. The only recourse would be to file a civil case, but for that, you must have all the necessary paperwork, as rightly pointed out by the two friends above.
Thanks and regards,
MM KULKARNI
From India, Pune
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Dear brother,
It is not only unfair, but it is criminal. If it goes on like this, social life will be disturbed, and people will be forced to take unlawful means for redressal. So, all HR fraternity must come forward to help the poor guy. Who knows, one day it may happen to any of us?
Dear brother, which company is this? Please tell.
Thanks,
Sanjeev
From India
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It is not only unfair, but it is criminal. If it goes on like this, social life will be disturbed, and people will be forced to take unlawful means for redressal. So, all HR fraternity must come forward to help the poor guy. Who knows, one day it may happen to any of us?
Dear brother, which company is this? Please tell.
Thanks,
Sanjeev
From India
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Dear Brother,
We, as employees, have multiple options. You have studied and cemented your professional platform not only to join this company. There is a good company in search of you! Try to find it and come out of this organization with your head held high.
Best of luck.
REGARDS,
Mt. Carmel
From India, Mumbai
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We, as employees, have multiple options. You have studied and cemented your professional platform not only to join this company. There is a good company in search of you! Try to find it and come out of this organization with your head held high.
Best of luck.
REGARDS,
Mt. Carmel
From India, Mumbai
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Re: Asked me to leave the Comany within 4 days Dear Brother, At manager level such disputes come under 'Inspector, Shopes & Establishments', as pay case. You may like to try there. Best wishes. TKG
From India, Calcutta
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From India, Calcutta
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Hi,
Please declare the name of the company and the responsible people working in the organization so that other people can be alerted. But before that, please check your behavior, actions, and competencies required for them. Did you overproject yourself during an interview? However, they should not have asked you to leave within 4 days. As per the offer/appointment letter, you must be on probation for 3-6 months, and they should have given you this time to improve.
Regards,
Vinod Bidwaik
From India, Pune
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Please declare the name of the company and the responsible people working in the organization so that other people can be alerted. But before that, please check your behavior, actions, and competencies required for them. Did you overproject yourself during an interview? However, they should not have asked you to leave within 4 days. As per the offer/appointment letter, you must be on probation for 3-6 months, and they should have given you this time to improve.
Regards,
Vinod Bidwaik
From India, Pune
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Dear Rakesh,
What has happened with you is really horrible. However, as told by Mr. Vinod Bidwaik, please reflect on those four days. Did you rub anyone the wrong way, especially the head of your function? He/she might have thought that instead of towing this liability, let me get rid of it right away!
For Mr. Vinod Bidwaik: You have written that "But before that, please check your behavior, action, and competencies required for them. Did you overproject yourself during an interview?"
If the person employed is terminated because of (lack of) competencies required or over-projection during the interview, then it is purely a fault of the (so-called) interviewers. In that case, we cannot blame Rakesh. Recruitment and selection is not child's play. If the company failed to detect certain competencies, then it was not competency-based recruitment, and the company should have given proper separation allowance as applicable to the permanent employees.
This is not an isolated incident that has come up in this forum. You may refer to the following link. It's a classic example of how HR was ineffective and played second fiddle to the boss. It could be true in Rakesh's case as well.
Link: [https://www.citehr.com/107976-urgent-eye-opener-all-hr-s-please-share-your-opinion-tell-me-if-its-right.html](https://www.citehr.com/107976-urgent-eye-opener-all-hr-s-please-share-your-opinion-tell-me-if-its-right.html)
Thanks,
Dinesh V Divekar
From India, Bangalore
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What has happened with you is really horrible. However, as told by Mr. Vinod Bidwaik, please reflect on those four days. Did you rub anyone the wrong way, especially the head of your function? He/she might have thought that instead of towing this liability, let me get rid of it right away!
For Mr. Vinod Bidwaik: You have written that "But before that, please check your behavior, action, and competencies required for them. Did you overproject yourself during an interview?"
If the person employed is terminated because of (lack of) competencies required or over-projection during the interview, then it is purely a fault of the (so-called) interviewers. In that case, we cannot blame Rakesh. Recruitment and selection is not child's play. If the company failed to detect certain competencies, then it was not competency-based recruitment, and the company should have given proper separation allowance as applicable to the permanent employees.
This is not an isolated incident that has come up in this forum. You may refer to the following link. It's a classic example of how HR was ineffective and played second fiddle to the boss. It could be true in Rakesh's case as well.
Link: [https://www.citehr.com/107976-urgent-eye-opener-all-hr-s-please-share-your-opinion-tell-me-if-its-right.html](https://www.citehr.com/107976-urgent-eye-opener-all-hr-s-please-share-your-opinion-tell-me-if-its-right.html)
Thanks,
Dinesh V Divekar
From India, Bangalore
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I am of the opinion that you have a remedy available under civil suit for non-issuance of an appointment order when there is an offer letter that has already been issued to you. The offer letter clearly states that the Appointment Order will be issued to you upon reporting or joining duty. You should prefer or claim damages for the loss due to non-compliance or implementation of the promise, and for the mental agony you are facing due to the loss of earlier employment based on such a false promise. You may also check with your advocate whether it is possible to file a Writ of Certiorari or direction before the Jurisdiction of the High Court.
From India, Madras
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From India, Madras
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A new never does anything with bad intention. It is generally believed that one should adhere to the saying "First impression is the last impression." Though sometimes it backfires in the same scenario. HR should always take responsibility for guiding their juniors to help them understand and avoid such situations leading to termination. HR should have definitely opposed the MD for this premature termination or at least requested additional time (15-30 days) to assist the employee in finding another job. As long as HR seniors continue to tolerate unethical and unfair practices, how can they ensure justice for their employees? After all, HR serves as the intermediary link between management and workers, and everyone holds high expectations from them. Therefore, it is crucial to be a fair judge and explore the best possible solutions.
Regards,
From India, Delhi
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Regards,
From India, Delhi
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That's right, the labor court can be approached for the worker category only. But if we know the company, we can caution the job seekers so that the company finds it difficult to find a new recruit, and we can also save someone else from falling into their trap.
From India, Madras
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From India, Madras
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I also faced the same situation a few months back. But in my case, the employer politely explained his financial crisis and told me to leave. At the same time, he mentioned that he would call me after a few months for a possible rejoining. However, I refused that offer.
Regarding your issue, I agree that you have been cheated. If you win the case against them, do you think the organization will treat you well? I think not. If possible, try to talk to the management. If they are unresponsive, then consider filing a case against them. If you win the case, I suggest not rejoining the company. Hopefully, after this issue, they will focus more on their recruitment processes.
Regards,
Indhu
From India, Coimbatore
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Regarding your issue, I agree that you have been cheated. If you win the case against them, do you think the organization will treat you well? I think not. If possible, try to talk to the management. If they are unresponsive, then consider filing a case against them. If you win the case, I suggest not rejoining the company. Hopefully, after this issue, they will focus more on their recruitment processes.
Regards,
Indhu
From India, Coimbatore
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Hi, I totally agree with Vinod. You must declare the name of the company and the responsible people involved. The group of people in HR will get alerts to go into this type of organization. But before that, you please examine your credentials, e.g., your past records of previous employment, your academic fulfillments, etc. But in any case, if you have all the things on the positive side, do not give up. Best of luck.
Rajeev Naidu
From India, Pune
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Rajeev Naidu
From India, Pune
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Dear Rakesh,
Filing a case will not yield any positive results, as management does not want you there. Simply leave the job and search for another one. There are plenty of options available in the market. Do not worry; keep your head and morale high.
Small companies often behave in this way. Having a good HRD policy is not an easy task. Sometimes, such situations occur in small organizations, which is not good at all. However, you cannot control their actions; they will act as they please.
Stay positive, as you may find a better opportunity. Good luck.
N. N. Tiwari
From India, New Delhi
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Filing a case will not yield any positive results, as management does not want you there. Simply leave the job and search for another one. There are plenty of options available in the market. Do not worry; keep your head and morale high.
Small companies often behave in this way. Having a good HRD policy is not an easy task. Sometimes, such situations occur in small organizations, which is not good at all. However, you cannot control their actions; they will act as they please.
Stay positive, as you may find a better opportunity. Good luck.
N. N. Tiwari
From India, New Delhi
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This is a case of breach of contract of service. As an HR professional, your employment terms and conditions are governed by the agreement executed between you and the company in question. Once the company offers you a position and you accept the offer, it becomes a valid contract. You have the option to pursue enforcement for breach of contract and any damages caused to you before a civil court. An appointment letter is not necessary; an offer letter and your acceptance of it are sufficient to conclude the agreement. The appointment letter typically contains general terms and conditions.
On the other hand, it is a matter of job responsibility that can determine whether you fall under the category of a workman or not. Your job title has no relevance in this determination. I recommend attempting to negotiate with your employer first. If unsuccessful, you may consider approaching the labor commissioner or filing a civil suit. Please note that a civil suit can be a time-consuming process.
Best regards,
Sanjay
From India, Delhi
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On the other hand, it is a matter of job responsibility that can determine whether you fall under the category of a workman or not. Your job title has no relevance in this determination. I recommend attempting to negotiate with your employer first. If unsuccessful, you may consider approaching the labor commissioner or filing a civil suit. Please note that a civil suit can be a time-consuming process.
Best regards,
Sanjay
From India, Delhi
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Apart from what Mr. Himanshu Parmar has stated, please see if an ID card was issued to you by the company, if any e-profile (email, etc.) was created, and if you have any records of those emails. Have you signed any documents or registers in the company that could prove your joining and employment there? Do you have the envelope in which the offer letter was sent to you? Was it sent via registered post or through a courier? Try to obtain the proof of delivery. Were the termination orders given to you in writing or verbally?
All this documentation can be summoned in court to prove that you actually worked there.
From India, Chandigarh
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All this documentation can be summoned in court to prove that you actually worked there.
From India, Chandigarh
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The persons approaching this platform for help do not give a clear picture; they only share what bad has happened to them. People do not come across the other side of the story.
Why would a person leave a very good company and a good position? Are they in the workperson or executive category? What inquiries do they make about the new company and its reputation that they are about to join?
Is there a change in the field in which they have experience? Have they furnished any wrong information? Have they fulfilled all the promises they made, such as obtaining a no-objection letter from the old company, experience certificate, details of old salary drawn, etc., or are they involved in some court dispute or any other legal implications?
Is there a family dispute that led a family member or relative to approach/pressure the new company to take action?
Forum members, especially HR professionals, should suggest to all individuals the essential documents required for joining a new company to ensure a safe joining and to avoid the risk of being let go abruptly.
When a person submits a confirmation to join a new company, what information do the HR people of that company need from the person joining to be prepared and avoid delays in providing the Joining Letter, Identity Card of the Company, Gate Pass, Office or Sitting Place, Temporary accommodation (if required), Posting Details, Induction Training Program, and intimation to the person to whom they have to report finally?
From India, Delhi
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Why would a person leave a very good company and a good position? Are they in the workperson or executive category? What inquiries do they make about the new company and its reputation that they are about to join?
Is there a change in the field in which they have experience? Have they furnished any wrong information? Have they fulfilled all the promises they made, such as obtaining a no-objection letter from the old company, experience certificate, details of old salary drawn, etc., or are they involved in some court dispute or any other legal implications?
Is there a family dispute that led a family member or relative to approach/pressure the new company to take action?
Forum members, especially HR professionals, should suggest to all individuals the essential documents required for joining a new company to ensure a safe joining and to avoid the risk of being let go abruptly.
When a person submits a confirmation to join a new company, what information do the HR people of that company need from the person joining to be prepared and avoid delays in providing the Joining Letter, Identity Card of the Company, Gate Pass, Office or Sitting Place, Temporary accommodation (if required), Posting Details, Induction Training Program, and intimation to the person to whom they have to report finally?
From India, Delhi
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Dear all, i had submitted all the requisite documents to the company. And i was issued official email id and laptop also. I had marked my attendance in the register maintained at the gate.
From India, Delhi
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From India, Delhi
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Hi Rakesh,
I am not fully convinced. You did not specify any details as to what led the organization to ask you to leave the job in 4 days. Can I ask you a few questions:
1. Did you check the credentials of this organization before joining?
2. You had a good job with a reputed organization. What made you change, and what did you see in this particular position/organization?
3. You rejected another offer and chose this company, so it must be better than the organization you left and the offer you refused.
4. Did you provide all the documents/evidence they asked for when joining? Did your ex-employer write anything negative during the reference check?
5. Did anything go wrong between what you mentioned in your employment form and the documentary evidence you provided when joining?
6. I simply cannot believe any organization can afford to ask a new joiner to leave within 4 days unless something is drastically wrong. We must first find out the root cause.
7. I am sure you are mature enough to make decisions, as you already had another offer that you refused.
8. If nothing is wrong on your side, why can't you represent your case to the top management to understand the reason and whether they are aware?
9. How was your reputation with your ex-employer? It is wise to approach them since they may not have hired your replacement.
10. Approaching the labor court or civil court will take a lot of time and may not be a wise decision (I don't know what position in HR you hold) for a senior-level employee.
All the best to you.
Balakrishnan
From India, Ahmadabad
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I am not fully convinced. You did not specify any details as to what led the organization to ask you to leave the job in 4 days. Can I ask you a few questions:
1. Did you check the credentials of this organization before joining?
2. You had a good job with a reputed organization. What made you change, and what did you see in this particular position/organization?
3. You rejected another offer and chose this company, so it must be better than the organization you left and the offer you refused.
4. Did you provide all the documents/evidence they asked for when joining? Did your ex-employer write anything negative during the reference check?
5. Did anything go wrong between what you mentioned in your employment form and the documentary evidence you provided when joining?
6. I simply cannot believe any organization can afford to ask a new joiner to leave within 4 days unless something is drastically wrong. We must first find out the root cause.
7. I am sure you are mature enough to make decisions, as you already had another offer that you refused.
8. If nothing is wrong on your side, why can't you represent your case to the top management to understand the reason and whether they are aware?
9. How was your reputation with your ex-employer? It is wise to approach them since they may not have hired your replacement.
10. Approaching the labor court or civil court will take a lot of time and may not be a wise decision (I don't know what position in HR you hold) for a senior-level employee.
All the best to you.
Balakrishnan
From India, Ahmadabad
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Termination from Employment.pdf