Hi, two months ago, my very close friend joined a hotelier company. He was strongly encouraged by his ex-manager to join the company, to which my friend eventually agreed. They provided him with a preliminary offer letter where the salary was not specified. My friend joined the company without signing the incomplete offer letter. He continued to request the appropriate offer and appointment letters from them, but his manager and the owner kept him waiting.
After a month, the manager, who had persuaded my friend to join, simply informed him via WhatsApp message that his services were terminated immediately due to non-performance, and that his dues would be settled within a week. He was also instructed to return the company-owned laptop and dongle.
When my friend tried to call, the manager did not answer. Subsequently, my friend emailed the manager and the owner to settle pending dues before returning the company belongings. After two reminders, the manager replied via email stating that my friend must return the company belongings within seven days before his dues would be cleared. Failure to do so would result in legal action.
Now, my friend wishes to take the matter to the labor court against the employer for termination without prior notice, withholding clearance, misleading job offer, and threatening legal action. However, he only possesses the preliminary offer letter, WhatsApp message records, and email confirmation from the manager regarding the payment release initially.
How should he proceed?
Should he go to the labor court and file a complaint against the employer? Can an HR legal expert advise us on this forum?
Thanks.
From China
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After a month, the manager, who had persuaded my friend to join, simply informed him via WhatsApp message that his services were terminated immediately due to non-performance, and that his dues would be settled within a week. He was also instructed to return the company-owned laptop and dongle.
When my friend tried to call, the manager did not answer. Subsequently, my friend emailed the manager and the owner to settle pending dues before returning the company belongings. After two reminders, the manager replied via email stating that my friend must return the company belongings within seven days before his dues would be cleared. Failure to do so would result in legal action.
Now, my friend wishes to take the matter to the labor court against the employer for termination without prior notice, withholding clearance, misleading job offer, and threatening legal action. However, he only possesses the preliminary offer letter, WhatsApp message records, and email confirmation from the manager regarding the payment release initially.
How should he proceed?
Should he go to the labor court and file a complaint against the employer? Can an HR legal expert advise us on this forum?
Thanks.
From China
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Dear Preeti, Are you working in India or China? Your status shows that you work in China. If you are working in India, please change the name of the city and country in which you work. Assuming that you work in India, my comments are as follows:
On-the-spot terminations in the hospitality industry
On-the-spot terminations are quite common in the hospitality industry. If your friend has a sufficient length of service, by now he must have reconciled with the culture of the hospitality industry. He must have acquired exposure to such types of terminations.
Importance of reference checks
The hospitality industry is a close-knit industry. Despite the strong recommendation of the Manager to join his hotel, why did your friend not do a reference check on the owner or GM of that hotel? Many times, due to the egregious management style of the GM, the hotel acquires a bad reputation. How come your friend did not know this?
Issuance of company property
Your friend has been issued with a laptop. Are there any records to show that the hotel property has been transferred to your friend?
Designation and applicability of the Industrial Disputes Act
What is the designation of your friend? How many persons reported to him? This information is necessary to assess whether the provisions of the Industrial Disputes Act, 1947, apply to your friend. If yes, then instead of the labor court, your friend may approach the Labor Officer under whose jurisdiction your friend's hotel fell. Your friend may explain the sequence of events to the Labor Officer.
Difference between a Labor Officer and a labor lawyer
Please note that the Labor Officer is a government-appointed authority and is different from a labor lawyer. The latter is an individual professional who works in his individual capacity and obviously charges fees for providing his professional services, whereas the former does not charge anything.
Final note
If your friend was allegedly tricked or swindled, then he should have come to the forum to seek advice. It is important to listen to the story from the first person (the alleged victim). You are a third party. Your friend may be distraught because of the loss of the job; nevertheless, keeping aside one's distraughtness, one has to fight one's battle.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072On-the-spot terminations in the hospitality industry
On-the-spot terminations are quite common in the hospitality industry. If your friend has a sufficient length of service, by now he must have reconciled with the culture of the hospitality industry. He must have acquired exposure to such types of terminations.
Importance of reference checks
The hospitality industry is a close-knit industry. Despite the strong recommendation of the Manager to join his hotel, why did your friend not do a reference check on the owner or GM of that hotel? Many times, due to the egregious management style of the GM, the hotel acquires a bad reputation. How come your friend did not know this?
Issuance of company property
Your friend has been issued with a laptop. Are there any records to show that the hotel property has been transferred to your friend?
Designation and applicability of the Industrial Disputes Act
What is the designation of your friend? How many persons reported to him? This information is necessary to assess whether the provisions of the Industrial Disputes Act, 1947, apply to your friend. If yes, then instead of the labor court, your friend may approach the Labor Officer under whose jurisdiction your friend's hotel fell. Your friend may explain the sequence of events to the Labor Officer.
Difference between a Labor Officer and a labor lawyer
Please note that the Labor Officer is a government-appointed authority and is different from a labor lawyer. The latter is an individual professional who works in his individual capacity and obviously charges fees for providing his professional services, whereas the former does not charge anything.
Final note
If your friend was allegedly tricked or swindled, then he should have come to the forum to seek advice. It is important to listen to the story from the first person (the alleged victim). You are a third party. Your friend may be distraught because of the loss of the job; nevertheless, keeping aside one's distraughtness, one has to fight one's battle.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Preeti, I came across your posting, which is indeed a concerning situation, and I empathize with your friend. If educated individuals, like your friend, take a job without valid documents, it can be a significant oversight. However, what has happened cannot be changed. Now, your friend seeks help to counter the termination.
In this regard, Mr. Divakar has already provided sufficient guidance to address the matter. Many community members regularly request detailed information because the issue you are discussing is of a legal nature. In legal matters, even a comma or full stop can significantly alter the case's nature. Some may think these issues are like ready-made garments—just provide a description and receive a solution. However, no one can offer suitable guidance or solutions based on the limited information provided. Complete details of the case and related documents are necessary.
You can advise your friend to send letters claiming all such issues via registered post and the company's official email at regular intervals. By doing so, he may receive communication from the management, which could be useful if challenged before an authority. I suggest contacting a consultant or a lawyer who specializes in labor cases for a future course of action. Additionally, you can reach out to the local District Labor Officer to discuss the case further.
From India, Mumbai
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In this regard, Mr. Divakar has already provided sufficient guidance to address the matter. Many community members regularly request detailed information because the issue you are discussing is of a legal nature. In legal matters, even a comma or full stop can significantly alter the case's nature. Some may think these issues are like ready-made garments—just provide a description and receive a solution. However, no one can offer suitable guidance or solutions based on the limited information provided. Complete details of the case and related documents are necessary.
You can advise your friend to send letters claiming all such issues via registered post and the company's official email at regular intervals. By doing so, he may receive communication from the management, which could be useful if challenged before an authority. I suggest contacting a consultant or a lawyer who specializes in labor cases for a future course of action. Additionally, you can reach out to the local District Labor Officer to discuss the case further.
From India, Mumbai
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Thank you for the reply. I am from Pune, India. I tried to edit the location but don't know what the issue is with that. My friend is a Regional Manager in Sales. The General Manager of the said property was his old boss and insisted too much for him to join.
There is no written document on laptop issuance. They have not yet given him an appointment letter even after he followed up several times with the GM and the owner. I shall ask my friend to join this forum so that he can get direct guidance.
Thank you a lot for your guidance, Sir.
From China
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There is no written document on laptop issuance. They have not yet given him an appointment letter even after he followed up several times with the GM and the owner. I shall ask my friend to join this forum so that he can get direct guidance.
Thank you a lot for your guidance, Sir.
From China
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Dispciplinary Action.doc