Mayuri 26 August 2016

Can a mnc terminate an employee for longer bench period?

Hello,

I work in a MNC since 3.5 years. I have been on bench (not assigned to any project) for 4 months now. It is because the company doesn't have enough projects on the skills that I have. I joined this firm as a fresher & they put me in a training and then on a project due to which I aquired this skillset. Now I am getting calls from the HR that they cannot keep me on bench for longer period of time and if I do not get assigned to any project, they can terminate me. But I am ready to work in any project and flexible enough to learn new skills but I am not getting any opportunities here. Hence I am not at fault.

Can the company still terminate me?

Thanks.

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3 Replies

Kumar Doab (FIN) 26 August 2016

Have they provided offer letter, appointment letter?

Are they paying salary and providing salary slips, PF number, PF a/c slips, ESIC card,Form16?

Are you a member of Employee's/Trade Unions?

If company does not projects then you are not at fault.

For Lay off compensation/retrenchment etc the employment related documents need to be examined.

One of the options is to negotiate and firm up next venture ASAP and remain on board till then.

Mayuri 27 August 2016

Hi Kumar,

Thanks for the reply.

Yes I have the offer letter. They have paid me the salary till July and will pay August salary too. But I am doubtful about September because I haven't received any assignment code to fill my timecards for Sept yet.

They do provide salary slips every month. I have a PF number, Form 16 etc.

Its a reputed MNC so all the documents are available. The only thing is that if they terminate me by any chance then I should be able to take legal action against them.

Kumar Doab (FIN) 27 August 2016

If you have not been asked to remain out of office and not to mark attndance by a speaking order (written order by competent authority as per Board resoloution) then you can lodge your objection/protest/agitation/dispute in writing, under proper acknowledgment.

Submit simple communication addressed to appointing authority,MD........., under proper acknowledgment, that on dated..................Mr/Ms............designation.............name of company................address, stated that...........................you may not come to office/mark attendance (whatever is true)........................and timesheet/access to attendance............is stopped hence you are unable to mark your attendance from dated.....................to dated..............

Build irrefutable written record.

Firm up your next venture ASAP.

Apply your skills to negotiate and firm up next venture ASAP and remain on board till then.

If you are unable to do on your own, lean on Employee's/Trade Unions, Labor Law Consulatnt.