Threat to terminate the job

What evidence or proof you have on record that someone (Name/designation/dept/Name of company/address) has stated that ‘If you do not resign you shall be terminated’…………..

Employee should always record such transactions (audio/visual) and keep witness…!!!!

Such evidence can help the employee at appropriate time in appropriate forum.

Are your representations to the Chairman and President on record?

Approach a labor consultant/service lawyer with copies of standing orders of the company, appointment letter, confirmation of service letter, conduct and discipline rules, service rules, HR policy etc and look for clauses on Lay Off/Retrenchment………………..

Your lawyer can opine that you would be covered as ‘Workman’ as in ID Act or not?

Have you ever requested them to adjust you in some other dept or has the company made any such offer?

You are with private establishment and you may firm up your future venture as ap.

You were handpicked and confidant of a senior executive that has separated. You have been tagged as ‘unwanted’.

The HR also know that you are confirmed and can not be (rather should not be) removed without awarding

proper hearing and natural justice………………………therefore they are trying to subdue and extract resignation.

Extracting resignation by force, intimidation, pressure, can be termed offence and deemed termination. The onus of proof/evidence may fall upon you.

Apply goodwill, rapport, exceptional levels of persuasion, persistence, negotiation, reasoning, flexibility, adaptive skills……………………get time and be with some other employer of your choice.

If you are good you will definitely succeed.

 

 

 

no more to add

Sir, I have sent mails to Chairman, President etc making them aware of my problem but all seemed to be futile. On 12th October, 2013 I will complete my one year of service with this organisation. Although, I am confident that I will get a good job, but in case If I dont want to leave this organisation, please suggest me the measure which I can take up ?  

Regards,

Arun Kumar Jha

There was an oversight. You are not confirmed.

You are under probation. You may go thru clauses on ‘Confirmation’ of service in the appointment letter and standing orders of the company if the standing orders are extended to your designation and service rules.

Would completion of 1year automatically confirm your employment or it shall be subject to appraisal and satisfaction of superiors? If yes the employer should initiate appraisal in time.

Can the probation period be extended?

Usually appointment letter contain initial probation period and period of extension if any and maximum period of extension?

If period of probation is to be extended employer should issue clear communication on notice.

Your previous boss has appreciated your performance on record.

Are you reporting to any one and is anyone assessing your performance now?

If you are a secretary and now you are not assigned to any one then who shall asses your performance?

Your position is being declared redundant (probably verbally). You are not being offered any alternative.

Try for alternative posting in some other dept. in the organization.

Peruse with good offices for fair hearing of your matter, as the action of HR shall have detrimental implications for you.

Try to remove the apprehensions that you were blue eyed boy of the COO that has left and are neutral.

HR is tactfully pressing you for resignation as it would have no adverse implications to the company.

Firm up your next venture as ap.

You may tactfully buy time and avoid termination.

Meet a service lawyer/labor consultant in person with all of your docs as ap.

 

 

Dear Sirs,

 

I have taken my full efforts to convince the management. Now on the basis of my letter kindly advise me next course of action.

 

Regards,

Arun Kumar Jha

 

THIS LETTER WAS SENT TO THE CHAIRMAN OF THE COMPANY ON FIRST VERBAL COMMUNICATION OF HR DEPARTMENT TO SEARCH FOR A JOB.

PERSONAL AND CONFIDENTIAL

Respected Sir,

Most humbly and respectfully, I beg to bring to your kind notice the following state of affairs which are going to make my family life most miserable if not addressed soon:- I was working with ............. Limited at its integrated Plant in Chhattisgarh as Secretary to the Unit Head (President), ................, where my selection was made after many rounds of panel interviews. After Mr. ............ joined thid vompsny  as COO, I was called for an interview and I joined this company on 12th October, 2012 as his Secretary on the same salary what I was getting in .................. During my four-and-a-half-month’s tenure with ............., I worked to the entire satisfaction and expectation of the Company/ Management with honesty, integrity, loyalty and dedications. Every down-the-line managers were happy with my inter-personnel relationship which I was maintaining. Not only insiders of the company but also outsiders/ guests were so happy with my entertainment to them that I used to get compliments from them over phone even after their departures. Mr. ................ resigned from the service of this organisation with effect from 4th March, 2012. At the time of his departure, I enquired from him as well as other office colleagues whether there was job security for me or not. Everybody including Mr. convinced me that this company is a very good company and it never terminates or asks any bonafide employee to leave the organisation. I was further convinced that the management of .........(company), especially Chairman, is very kind hearted and they never want their employees suffer. After having been convinced and known all the above positive characteristic of company, I remained whole heartedly and fully assured of my job security. After departure of Mr. ........,

I have been getting works from different departments which I have been executing very efficiently. I had completed my probation on 12th April, 2013. Yesterday i.e. 16th May, 2013, at around 5.00 pm, I was called by our HR Head, Mr. ............, in his chamber and to my utter surprise, I was asked whether I am looking for a job or not. I was shocked and astounded to hear his expression as just few days back he told me that he had advised the concerned person in HR department to issue me confirmation letter. I was further suggested by him to look for a job as there is no work in this company which can be matched with my profile. I tried to convince him that my profile is not limited to only secretarial works, rather, I am possessing ample experience and exposure of logistic, administration, ISO (from certification to survelliance), export-import (from documentation to custom house, dock, airport etc.), government liaisoning (from police post to the High Court) etc. But he seemed fully determined on his words and clearly told me that he was simply passing on the instruction of the management to me and I have to leave this organisation after getting a job. However, he allowed me time for searching a suitable job. From yesterday evening, me along with my family is feeling aggrieved, depressed and cheated as my two children are studying in Kolkata (Son is doing B.Com (H) final along with CA final and costing final, and daughter is doing Company Secretaryship). I have completed six months of my probation period in the company on 12th April, 2013 and I am expecting a confirmation letter. I have approached a housing-finance-company for a housing loan where they want a copy of my confirmation letter before they further process my housing loan application. If I don’t get my confirmation letter, the advance paid to the seller/owner of the house may get forfeited and my dream of having an own house in Kolkata will be shattered and remained unfulfilled. On the other hand, as I have completed only seven months in my present job, I don’t think I will be called for an interview by any employer in Kolkata if I apply for a new job. As my children are studying in Kolkata and we are fully settled, I am not in a position to move out of Kolkata. Revered Sir, Your name and fame is well known and well recognised not in the business industries but also in the religious segment of the holly society. I had joined ...... (Company)and not Mr. ......... Mr. ............ himself has left this organisation for his own betterment/ personal reasons and linking my career growth with his activities/ actions, I don’t think, is justifiable. I have many more exposures of business industry like – Finance, Export-Import, Logistics, Textiles, Iron & Steels, Ply, Cement etc. and I have handed over a written exposure-list to Mr. ..........(HR Head) with a request to absorb me somewhere in this company depending on the necessities of the business. I am enclosing a copy of my exposure list to you also for your kind observation. As I have been told by our HR Head that getting me out of the job is the decision of the Management, and myself having been appointed as a Secretary to the second-highest-dignitary (Mr. ................, COO) of the Company, I think, only your justification will get my family out of this trouble. And I assure you of my best cooperation and full contribution towards the development of this organisation.

With great respect,

Truly yours,

Arum Kumar Jha

THIS LETTER WAS WRITTEN TO THE PRESIDENT OF THE COMPANY

 

Respected  Sir,

 

The trailing mail from Ms.  ...........HR Department  is self-explanatory. I would not be able to avail any leave unless I am confirmed.

 Had Shri ............. Ji continued  here, I am sure, I would have been recommended and confirmed timely i.e. just on completion of 6 months. On the contrary, I am going to complete my 9 months of service with this organisation on 11^th June, 2013   but still,  I am apprehensive, there is hardly anyone to even  recommend my confirmation. A performance certificate for a period of approx 5 months from Ex-COO, depicting therein my loyalty and dedication, had already been furnished to the HR Department long back.  

 

Sir, I have since been an achiever of ‘AA’ rating, a front-line- volunteer to take any responsibility for well being of the organisation where I worked and a ‘Result Oriented’ employee  during my past tenures. But here, due to hasty  separation (i.e. just in 6 months) of Shri  ............ coupled with myself having been  trapped in Kolkata due to some unavoidable family circumstances  – mainly children education -   an insecurity, apprehension and uneasiness  towards my career prevails for which you and only you can help me out.

 

Kindly help/advise.

 

With best regards,

 

 

 

You have written to the good offices in a gentle manner and have remained amiable.

You may proceed further based on the action of good offices.

In the meantime meet a service lawyer/labor consultant in person with all of your docs as ap.

 

 

Sir, Probation Clause of my Appointment Letter explains as under :- “3. Probation You will be on probation for a period of Six months. During probationary period your services may be terminated without assigning any reason whatsoever or notice or pay in lieu of thereof. Your probation period may be extended, at the sole discretion of Management, for a further period of six months. Unless you are confirmed in writing, you will be deemed to be on probation even after expiry of the probationary period or extended period as the case may be. During probationary period you will not be entitled to avail any privilege leave, allowances and benefits available to other permanent employee. 13. Notice Period After confirmation of your services in writing the management, reserves the right on its discretion to terminate your services without assigning any reason whatsoever by giving you Three Months notice in writing or salary in lieu of notice, vice-versa you are also required to serve Three Months notice in case you intend to quit the employment of your accord. However, no notice or pay, in lieu thereof will be necessary, in case termination is resulted on account of any breach of the terms employment or any disciplinary action is instituted against you. Further in case you fail to give Three Months notice in writing prior to quitting your employment of your won accord, management reserves the right to make recoveries of the same from your salary / wages or leave and credit in lieu of notice to the extent your notice period falling short. 14. General Rules The terms and conditions mentioned here above are not exhaustive and that any matters not specified / contained in the appointment letter shall be governed by the certified standing orders and standing rules and regulations of the company, which may be framed and enforced from time to time to regulate the service conditions of the employees, the management reserves the right to change, modify, or alter any orders, rules, regulation and policies, and shall be made applicable to your position & grade, which shall be notified at the time of implementation of such changes or alternation. Any dispute or variation arising out of interpretation of any of the aforesaid terms and condition will be settled under the legal jurisdiction of courts at Kolkata.” Please advise further where should I go for getting a relief from. Regards, Arun KumarjHA

 

Remain amiable and manage to be remaining in employment till 12^th October and complete 1 year.

 

 

It is believed from your posts that company has not extended your period of probation from another 6 months in writing.

You have submitted representations to good offices and good offices have not communicated in writing that any order has been passed to extend period of probation or lay off or retrenchment or redundancy of post or employee himself or separation of employee.

Is this HR-Head competent employee to demand your resignation ( which is otherwise an offence) or extend the period of probation or pass communication o lay off or lay off or retrenchment or redundancy of post or employee or separation?

Has he been deputed or appointed or made competent to do so by an official communication?

The notings in personnel file or insertions may help you. However there is a question mark that company shall agree to let your examine your personnel file or not?

The appraisal should be conducted in time. The bosses in the company are duty bound to do so in time. The adverse noting should be communicated to employee well in time and within reasonable period.

Supreme Court of India:

Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013

 

https://indiankanoon.org/doc/9665019/

https://indiankanoon.org/doc/9665019/?type=print

 

 

Or should you request good offices to allow you to examine your personnel file at this moment or not.

On this particular point you may discuss with your lawyer and proceed under expert advice of your lawyer only.

Hope you have approached your lawyer by now.

You can access labor/service matter lawyers par excellence at Kolkota.

You have posted that:

------“14. General Rules………………………………..that any matters not specified / contained in the appointment letter shall be governed by the certified standing orders and standing rules and regulations of the company, “

Company has its certified standing orders (CSO), and from the language it can be construed these are extended to your designation. The standing orders should be displayed at a conspicuous place/notice board. Employer should provide certified copy of the standing orders to employee on request against no charge/nominal charge say Rs.10/………..You may download the CSO and standing rules and regulations of the company, from website, employee’s portal etc, or obtain from concerned competent personnel in HR.

Employee or any one can obtain certified copy from certifying officer (CO) which may be DLC in o/o Labor Commissioner at the location of redg. office of the company.

Once the copy is in your hands you mat go thru it carefully.

 

--------““3. Probation You will be on probation for a period of Six months………………………………………..Your probation period may be extended, at the sole discretion of Management, for a further period of six months.”

This implies the maximum extension is another 6 months.

“ Unless you are confirmed in writing, you will be deemed to be on probation even after expiry of the probationary period or extended period as the case may be.”

Here your appointing authority has not stated in certain terms………………………..for how much maximum time after extension of 6 months, the probation period shall be deemed to exist.

It may be cited as a defect and it may go in your favor.

 

Here you need to refer to CSO and standing rules and regulations of the company, since at clause 14. General Rules………………………………. it is stated that…………………” that any matters not specified / contained in the appointment letter shall be governed by the certified standing orders and standing rules and regulations of the company,”

This should set the finality of status of ‘Deemed Confirmation’ on 12^th October in your case……………………..!!!

 

“certified standing orders and standing rules and regulations of the company, which may be framed and enforced from time to time to regulate the service conditions of the employees, the management reserves the right to change, modify, or alter any orders, rules, regulation and policies, and shall be made applicable to your position & grade, which shall be notified at the time of implementation of such changes or alternation.”

Who is given notice (notified) for alternation: individual employee, representatives of employee or employee’s union?

 

If you have existing certified standing orders and standing rules and regulations of the company in your hands then existing one as on 12th April, 2013

Should apply as on 12th April, 2013 (for appraisal and subsequent extension of probation or confirmation of service or lay off/retrenchment/redundancy etc………..) and after 12th April, 2013

the CSO or rules if amended or as existing on any date………………..

 

 

Meet a service lawyer/labor consultant in person with all of your docs as ap.

I believe Mr Kumar Doab will continue to relentless elaborate rules and render free advise.

 

This forum is no substitute of a court.  This is only advisory forum.

Mr. Sudhir Kumar has prompted everyone in enough words.

The well meaning advice is well taken.