Termination of employment
AMIT KUMAR SHARMA
(Querist) 21 October 2016
This query is : Resolved
Dear Sir,
I am working with a Israely Company for the last one year. I have been confirmed by Company within three month. My Boss tells me daily to stay late whereas I am traveling 120 Km per day and spending 14 hours for the day.
I denied to stay late. He has got angry and have issued final warning letter stating that my performance and inter-personnel skill is not good. Whereas after satisfaction by my performance and interpersonal skill, company has confirmed my employment.
I request you to advise, how can I take action on company or my boss legally in court and how can get compensation after termination.
Thanks
Kuummaar AS
(Expert) 21 October 2016
AMIT KUMAR SHARMA.
Where are you posted in Israely Company?
AMIT KUMAR SHARMA
(Querist) 21 October 2016
sir
I am posted in India, Gurgaon and staying ghaziabad.
Kuummaar AS
(Expert) 21 October 2016
AMIT KUMAR SHARMA,
YOU HAVE SAID, INTER ALIA,
"I denied to stay late. He has got angry and have issued final warning letter stating that my performance and inter-personnel skill is not good. Whereas after satisfaction by my performance and interpersonal skill, company has confirmed my employment."
PLEASE TELL
1. WHAT IS YOUR DESIGNATION?
2.WHEN DID YOUR BOSS ISSUE FINAL WARNING LETTER.
3. WHEN WAS YOUR EMPLOYMENT CONFIRMED?
4. WHAT IS THE LEVEL OF YOUR BOSS?
5. WHO IS ABOVE YOUR BOSS?
Kumar Doab
(Expert) 21 October 2016
Your boss has issued you a warning letter or termination order?
Do you have KRA's Vs Performance record?
Has any stinker/memo/show cause notice been ever issued to you?
Are you asked to stay later verbally or in writing OR do you have sufficient evidence to stay after daily working hours?
Rajendra K Goyal
(Expert) 21 October 2016
If you want to stay in Pvt. sector, you have to observe internal practice, otherwise have to face such situation continuously.
Late sitting is observed generally in such companies.
Going legally may not give you stability, with good relations you can be benefited.
Rest depend on you.
Meanwhile, try to search job in NOIDA or Ghaziabad.
Kumar Doab
(Expert) 21 October 2016
You have posted that:
"whereas I am traveling 120 Km per day and spending 14 hours for the day.'
Assuming that you have to report at 10am, you shall be leaving your residence at 3am.
To leave by 3am you must be waking up by say 2am.
Assuming that your office closes at 6pm and you are asked to stay till 7pm , you would be leaving by 7pm and reaching your residence at 2am.
This is touch and go at your residence on daily basis.
This should have taken a heavy toll on your health.
Better contest the warning and come out clean out without any blot on your career and find another suitable employment with past good record.
AMIT KUMAR SHARMA
(Querist) 22 October 2016
Kumar ji I am spending 6 hours for to & fro traveling and 8 hours for working total 14 hours. I exit from home 6.30 to reach 9.30 and back to home 8.30 or more. Sir only change the job is not the solution. he is torchuring othwr coleages also. one of them has resigned without job. if nobody stop this type of syko , he will encorage. I think you may better guide to answer him. what should i do. i m manager he is vp and he is reporting to ceo. pls give way out althoug i m searching job in noida but will take time. but i have to breing him to court.
AMIT KUMAR SHARMA
(Querist) 22 October 2016
Kumar ji I am spending 6 hours for to & fro traveling and 8 hours for working total 14 hours. I exit from home 6.30 to reach 9.30 and back to home 8.30 or more. Sir only change the job is not the solution. he is torchuring othwr coleages also. one of them has resigned without job. if nobody stop this type of syko , he will encorage. I think you may better guide to answer him. what should i do. i m manager he is vp and he is reporting to ceo. pls give way out althoug i m searching job in noida but will take time. but i have to breing him to court.
AMIT KUMAR SHARMA
(Querist) 22 October 2016
goyal ji agar hum aise hi himmat haar late h ti aise log motivate hote h aur doosro ko paresaan karte rahte h. kisi ko to initiative lena chahiye.
Rajendra K Goyal
(Expert) 22 October 2016
Dear,
The company has not allowed / asked you to commute. You are doing so for your facility. You have your own limitations.
time passed in journey can not be included in time spent on duty. management may or may not cooperate in time adjustments. this is two way passage.
Being a commuter, on how many times you are late in a month on average in reaching office? Whether conveyance is provided by the company or have to arrange of your own?
In which capacity are you working, in managerial post or as worker? What time are you marking attendance.
Kumar Doab
(Expert) 22 October 2016
You have posted that:
'I exit from home 6.30 to reach 9.30 and back to home 8.30 or more..................i m manager he is vp and he is reporting to ceo. '
If the day's work is over and nothing is left for the day, then what for you are asked to stay after office hours!
Are you asked to stay late in writing and on record?
Kumar Doab
(Expert) 22 October 2016
You have not replied to:
Your boss has issued you a warning letter or termination order?
Do you have KRA's Vs Performance record?
Has any stinker/memo/show cause notice been ever issued to you?
Guest
(Expert) 22 October 2016
As per your profile, you are a student. So, naturally, your query is of an academic nature.
By the way, if there is any slightest truth in your story, what is the nature of your job?
Guest
(Expert) 22 October 2016
Mr. Amit Kumar Sharma,
If your story is true (I doubt) and you are, "spending 6 hours for to & fro traveling and 8 hours for working total 14 hours," you cannot be said to be an efficient and performance oriented employee. In fact, you are wasting much of your prime time in tiring journey. The company can very well prove the observation of your boss on your own plea, if you venture to go legal.
Kumar Doab
(Expert) 22 October 2016
The employee is at the discretion of employer during the work hours.
The employer can ask to stay after work hours/OT in case of genuine reasons/requirement.
If employee is performing duties assigned, then employee's performance should not be rated 'Unsatisfactory'.
If work hours start at 9.30am and end at 5.30pm and employee is in office at the discretion of employer during these hours, then what is your issue!
Kumar Doab
(Expert) 22 October 2016
>>> Your query is titled as;"
Termination of employment"
>>> You have posted that;
"I am working with a Israely Company for the last one year. I have been confirmed by Company within three month. My Boss tells me daily to stay late whereas I am traveling 120 Km per day and spending 14 hours for the day.
I denied to stay late. He has got angry and have issued final warning letter stating that my performance and inter-personnel skill is not good. Whereas after satisfaction by my performance and interpersonal skill, company has confirmed my employment.'
"i m manager he is vp and he is reporting to ceo. "
>>> You have not replied to:
"Your boss has issued you a warning letter or termination order?
Do you have KRA's Vs Performance record?
Has any stinker/memo/show cause notice been ever issued to you?
"
Kumar Doab
(Expert) 22 October 2016
You are a student or an employee?
Assuming that you have posted a real life query and the query pertains to you, you shall require to defend your current employment ( if it has not been terminated) and clean relieving and BGV etc for next employment.
Rajendra K Goyal
(Expert) 22 October 2016
Well advised and guided by the expert Kumar Doab.
AMIT KUMAR SHARMA
(Querist) 25 October 2016
Kumar Sir, i created my profile when i were persuing LL.b and could not change yet. You have advised well and thanks for that. I would like to informe you that he after this employement , i m going to start my practice and want give answer him so that he could not do with any other employee. pls advise.
i will write mail to him to ask my KRA vs my performance in writing. infact as per my profle submitted at the time of interview was diffrent from current profle.
i request you to advise best at your end and pls advise whether can i go to labour court on this matter.
thanks
