Employee termination

sorry sir, but i thinkA person who is getting remuneration more than 10000/- is not a labour. so that he cannot approach to Labour Court.

You are in which state?

The HO/redg. office of the company is in which state?

This company is an Industrial or Commercial Establishment?

Does this company have its certified standing orders and does Industrial Employment Standing Orders Act/Model Standing Orders apply to it?

Has this company displayed CSO etc on its notice board and has it circulated/supplied its conduct and service rules, email policy, document policy, secrecy policy etc to employees OR has it kept any such policy in the knowledge domain of the employees?

Gossip and rumor can not be policies and rules………………………..

Employer should not act and behave as a street magician and produce things (read rules/policies) from thin air………………………..

Employee is not a fifth grade school student who shall go to teacher asking for a pee break……………….( ask to keep a copy of the document which is to be signed by him and on top of that which shall bind and or suffocate him and limit his rights)……………

Has the company leveled any charge, issued any memo/show cause notice, conducted any inquiry, provided opportunity to explain/defend, and has it stated the reason for termination in its order of termination?

Have you submitted any reply?

You have posted that:

------“they accepted my resignation, ‘

You must be having copy of the acceptance. This document becomes an imp. document on record.

--------“suddenly one day the management decided to sign on Employee agreement form with all the employees including me.”

What is this agreement: Non disclosure, non compete, service agreement etc……………….?

How many copies of the document were supplied to employees?

How was it supplied: soft copy of hard copy and was it a circular or addressed to individual employee?

What is date on document and within which date or within how much time it was to be submitted back to office or within which date or within how much time the response/reply by the employee was to be submitted to company?

How much time was granted to submit a signed and accepted copy, in writing and by verbal mode in office? Did the line managers/HR asked to submit back on the spot?

Did the company allow sufficient time to study the document, take it out for consultation with elders in the family, legal consultant, trade unions/leaders for opinion to understand the additional/new conditions and its implications and thereafter to negotiate, submit acceptance, partial acceptance, partial or full declinature………………..?

It might have been stated in the appointment letter issued by employer that company can introduce T&C from time to time and new conditions would be applicable and acceptable to employee.

Still it does not mean that employer and its line managers/HR/superior officials will start pushing the documents and conditions down the throat…………………………………

If the employer and its line managers/HR/superior officials, designated as authorized personnel to deal the matter, did not allow to keep a copy for discussion/opinion, or did not allow the document to be taken out for this purpose: it is bad conduct, or for that matter attempt to conceal the document from having subjected to legal scrutiny/opinion from attorney/advisors/trade union of the employee, and even labor officials/lawful authority……………..

It is also intentional and willful attempt to extract forced acceptance……………………………………..within premises of the company.

Another point is that the document which is to be signed by employee

/signed by employee, becomes property of the employee as well, and employee has full authority to posses a copy.

What is wrong if employee was being forced to sign/not allowed to take copy……………………………..and with a genuine intention to defend his rights/obtain consultation employee has taken a copy………………

If company was indulging in extracting an acceptance/without providing a copy to employee or snatching the right to employee to take a copy for consultation, study etc……………….the conduct of company is unlawful, and attempt of employee to take a copy should not be termed violative of any rule/policy/law………………………………………………..

In such a case employee has not indulged in any unlawful activity by taking a copy…………………………

If employee is not allowed to take a printed version/copy, what else an employee can do other than taking a copy on his own in a manner that is possible including taking a snap shot?

The document enforcing some new service conditions and binding the employee with some suffocating conditions, is not containing any information related to defense of the borders of the nation and can not be titled as “Classified”…………………..

The employee who has to sign a document can transmit the document by any means to any agency for an opinion……………………………….like the company can transmit any document transacted between employer and employee to any lawyer/law firm, agency it deems fit.

WHAT I SATED IN THE DOCUMENT THAT THE COMPNAY WANTS TO CONCEAL…………………….ONCE THIS DOCUMENT COMES IN THE DOMAIN AND KNOWLEDGE OF LAWYER/TRADE UNIONS/LAWFUL AUTHORITY/MEDIA/ PUBLIC THE FACTS SHALL BE KNOWN AND CONDUCT OF THE EMPLOYER AND HIS EXECUTORS IN LINE MANAGEMENT/HR SHALL BE KNOWN……………………………….AND THIS MAY BECOME THE DEFENCE OF THE EMPLOYEE AS WELL……………….

Since so many employees are involved and getting affected, al employees should join hands and be witness to each other……………………………………….and all should become member of some trade union.

The trade unions know the precise way on how to deal such matters.

Designation alone does not decide employees is covered as “Workman” as in ID Act……………”Employee” as in (Name of State) Shops and establishments Act………………….

Your lawyer may ask you a set of structured questions and may opine that you are covered by such enactments or you shall have to agitate in a civil court.

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer and also a lawyer specializing in criminal matters………………………………show all documents…………….give inputs in person………………….spend quality time with lawyer………………….understand the merits……………………and proceed expert advise of the lawyer.

Let all communications/representations be now structured and drafted by the lawyer……………………

You may proceed as deemed fit at your end.

Valuable advice of learned experts/members is sought.

Dear PREM JOSHI Garu

Thanks for replaying for my Query . inedd Smooth Releaving and Experience Letter from my company .

Dear Kumar Doab Garu

I am from Andrapradesh

My company is in Ap it self,

Its a software company

Does this company have its certified standing orders and does Industrial Employment Standing Orders Act/Model Standing Orders apply to it? No

Has this company displayed CSO etc on its notice board and has it circulated/supplied its conduct and service rules, email policy, document policy, secrecy policy etc to employees OR has it kept any such policy in the knowledge domain of the employees? NO

Has the company leveled any charge, issued any memo/show cause notice, conducted any inquiry, provided opportunity to explain/defend, and has it stated the reason for termination in its order of termination? - My Supervisor reported regarding this issue to management and they decided to terminate me . I wrote an apology letter for that but they didnt consider it .

What is this agreement: its Term and conditions agreement . Actuvally while the time of joining they need to give at that time they didnt give that document . The document contains some rules like notice period , company terms and policies .

You have posted that:

“I wrote an apology letter for that but they didnt consider it .”

This apology letter was extracted from you for this purpose only i.e; to obtain admission and file this apology, to not to conduct any inquiry and to justify he action of termination………………

“Actuvally while the time of joining they need to give at that time they didnt give that document . The document contains some rules like notice period , company terms and policies .”

You have sent his document and have clicked the document, therefore you would precisely know what was it.

Was it appointment letter? If yes did the company not provide appointment letter upon joining?

OR was it some other document?

 Whatever it was did the company decline to issue copy for the employee or block or prevent you from keeping a copy?

It is felt that the mistake if any by employee was not a major misconduct inviting termination……………….It is not theft, fraud, dishonesty……………damage, breach of law applicable to establishment, criminal act……………

IT/ITeS companies are covered by Shops and Establishments Act (SE Act).

Andhra Pradesh Shops and Establishments Act is so employee friendly.

47 : Conditions for terminating the services of an employee, payment of service compensation termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of supension

(1) …………………..Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

{ majority of the companies do not supply the copy to Inspector fearing that Inspector shall come calling upon them…………….and companies feel that they shall be able to subdue the employee form approaching the lawful authority…………..}

(2) ………………… The services of an employee shall not also be terminated for misconduct except for such acts or omission and in such manner as may be prescribed.

(6) ………….. If the misconduct is not established …………….

Most likely you may be covered as a workman and under ID Act.

Provisions of Model Standing Orders………………..  ID has already been pointed out.

14.  Disciplinary action for misconduct.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:

………………………………..

You may once again check if the copying of document which is to be signed by employee and/or whose copy is not being provided to employee is listed as misconduct ………………and can be appropriated for termination…………………in any of the policies of the company…………….and that IESO Act/Model Standing Orders shall apply or not………………

Supreme Court held that the misconducts mentioned in the standing orders were exhaustive and a workman could not be punished for an act or omission which was not described as a misconduct in the standing orders.

Glaxo Laboratories vs. P.O. Labour Court, Meerut & Others AIR 1984 (SC) 5Q5; 1983 Lab, IC 1909.

If by gentle submissions you are not able to obtain Relieving and Experience Letter from my company, then other alternatives are to approach trade unions, lawful authorities, lawyer/law firm………………………  .

IT employees do have unions in AP……………………..

https://www.rediff.com/money/2007/feb/01ites.htm

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You may proceed as deemed fit at your end.

Attached.

Yes sir its an Appointment Letter. They are not providing it while the time of joining.

What is the date of issuance on appointment letter and what is the date of appointment mentioned in the appointment letter?

Apparently as per details posted by you the company is supplying the appointment letter after 3 years. Was this company issuing salary slip, PF a/c slips, ESIC card, Form 16 etc………

The question arises why there was a need for you to click the photo of appointment letter?

Was it because the company provided only 1 copy and declined to provide copy to you or it got the appointment letter signed from you but declined to give the copy to you?

Was this appointment letter signed by appointing authority when it was handed over to you or it was not signed?

Did you put current date below your signatures while you signed on the appointment letter? Or company forced you to sign the document in back date?

If company asked you to sign/and obtained signature in back date it can be termed coercion, intimidation…………..offence.

Do you still have the photo clicked by you?

In such a situation a doubt would arise that company might have inserted some clauses like non solicitation, non compete, non disclosure, confidentiality clause………………….

In such a situation what is wrong if the employee has clicked the photo of the document.

You may consult elders in the family, community leaders, trade unions, and attempt to resolve the matter by talking to promoters…………………………….

If nothing works and the local leaders on your locality, community, political party, media, trade unions……. etc………………..help and advise record audio/visual……………….

A list of trade unions is attached. You may obtain local address and discuss with local leaders.

And approach your lawyer/law firm and then lawful authority……………

The lawyer/law firm, o/o Labor commissioner, Inspector under Shops and Commercial Establishments Act, may opine that it is mandatory to issue appointment letter…………….

It has already been pointed out that it is mandatory to supply copy of termination order to Inspector under Shops and Commercial Establishments Act within 3 days………………

Although you have stated IESO Act/Model Standing Orders do not apply to your establishment, you may check again.

You may proceed as deemed fit at your end.

Valuable advice of learned experts/members is sought.