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santu (Software Engineer)     31 August 2013

Terminating from a company

HI Sir,


I was involved in a friendly act of slapping a girl in office.The girl has not given any written complaint nor asked to take any action against as we are very close friends. But the Company HR says, action will be taken to terminate my job.Is it possible to do a termination without victim complaint. Can i go ahead and file a case against the Company. There is a written statement which is provided by me forcefully stating that i have abused a girl.


Please let me know wat needs to be done. Thanks in advance.



Learning

 3 Replies

Suri.Sravan Kumar (senior)     31 August 2013

without issuing any showcause notice and without seeking explanation from you the company cannot terminate you. Without following the procedure if the company terminates you from service it will be illegal termination.

Kumar Doab (FIN)     31 August 2013

Don’t slap a female and even a male any where leave apart office.

Don’t try to be intimate beyond limits with any one.

Workplace is not for fun. Employee should remain vigilant.

You have transgressed your limits at work place.

The HR person has transgressed by extracting statement by force.

If at all he wanted be moral police in company and if he was competent to issue he could have issued a communication asking for clarification from you on the incident.

The HR personnel believe this is permissible and firmly believe there transgression shall not be challenged by the employees of the company.

In your case as well although you claim it was extracted by force, pressure however you were at liberty to deny signing a statement being dictated to you.

It is for sure that this statement shall be inserted in your personnel file.

Are you sure that the female employee has not signed any complaint or won’t sign any complaint?

The HR person probably was looking for some episode to fetch some marks in company.

He may convince the good offices that a confessional; statement is sufficient to act.

Later you may agitate but damage would have been done.

First make sure that no plaint would be signed by the female colleague of yours then count your cards. Let her state that no such incidence has happened and keep a record of it which can not be disputed. Hope you understand. You alone would know how to manage.

You should remain thankful to her for taking you out of the mess.

If you wish to activate in internal system of the company, you may lodge a complaint against him by name in writing to President of the ‘Works Committee’, ‘Head- Grievance Redressal Committee’, if there is one such body in your company, and if there is none approach good offices of appointing authority, MD and demand that this HR person is instructed to return the statement in original, and your name be cleared.

If you wish to activate other channels you may approach employee’s union, trade union or even police, lawyer/law firm……………………….

 

If you do not want to activate any system, get out of the situation and firm up your next venture as ap. 

Sudhir Kumar, Advocate (Advocate)     01 September 2013

well advised by Mr Kumar Doab


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