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shelendrakrjain   13 May 2015

Unlawful termination for raising voice against harassments

I am an female employee and working in multinational insurance company as Sr. Business Manager since June 2008. In this MNC one nationalised bank has 30% and another nationalised bank has 5% stake. As per govt limitation the american parent company has 26% stake in this insurance company. I have raised a voice against Retaliation, Harassment, Unlawful Discrimination and Unfair Employment Practices through Representation to the Middle Management and MD/CEO of the Company subsequently. MD appointed a Committee for the investigation of my grievances. I had meeting with HR people once. They kept me communicated for having patience as investigation in taking longer time and they will convey the outcome of the enquiry as and when it gets completed. HR called me for convey the outcome on 1st May 2015 and informed me for my termination with immediate effect. I approached to MD/CEO for intervention but no solution.

Please tell me the remedies available.

Can I file a writ against MNC for my reinstatement?

Can I sue American Parent company?

Thanks & Regards

Aparajita Rajput

More Info-

I have been terminated on Un-Ethical Sales Practice and Mis-Selling as it is conveyed me on my forwarded representation above MD/CEO (Management of Parent Company).

Being on the post of Senior Manager, can I approach Labour Commissioner?

Can I file criminal complaint/case against Culprits in indivisual capicity?

Thanks



Learning

 7 Replies

bsrao   13 May 2015

If your termination meeets  your employment rules/agreement, then you cannot ask for  reinstatement. But I am sure you can be gainfully employed easily.

You can sue ..for other reasons.... 

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 May 2015

Mam, What reasons have they given for termination are very important to be known? What was your contract or agreement with the company regarding the terms of the employment ? Warm Regards Kapil Chandna Advocate 9899011450

saravanan s (legal advisor)     13 May 2015

if its against the conditions mentioned in the appointment order regarding termination from services give a notice to the employer asking for the reasons for termination within fifteen days and file a complaint with the labour commissioner

advocate nitin kumar (lawyer)     14 May 2015

yes you have every right to file a suit against the employer, MNC or local company does not matter 

 

you will also be given the compensation for unlawfully terminating your job and also the 70% of the salary since the date you file the suit,, also i am sensing that you are also covered under whistle blower protection act as you mentioned that the company is not following the government rules and regulation regarding the investment by foreign bank/companies.

 

once the suit is finalised by the labor court, do not forget to file a suit for defemation against the compnay for harm done to your reputaion in the soicety.

file for a minimum defemtion of 50 lakhs.

 

consult a good lawyer who is expert in company law.

and keep all the mails and documents given to you rearding termination and appointment safely.

 

hope that helped,

do not worry the case might take time but they will be prosecuted the hard way.

tip; do not forget to make the CEO of the company, HR of the company (or any other important official in the current office) and lastly the head of the MNC wherever their HQ is,,, as a party to the suit.

 

 

T. Kalaiselvan, Advocate (Advocate)     14 May 2015

If you have been given an appointment letter with the terms and conditions, you may visit if the termination is covered under any of the clauses mentioned in it.  Even otherwise the action of management of terminating you without issuing a show cause notice or atleast have admonished you earlier on the reported lapses on your side is considered to be illegal.  

You have an action agsint the employer who had issued you the appointment letter and not on all those stake holders in the company. 

You can very well approach the high court with a writ against the company,  before that consult a local service law practicing advocate, take his opinion and proceed. 

Kumar Doab (FIN)     16 May 2015

You called HR on phone and HR person informed the termination with immediate effect on phone itself? Do you have any evidence of it? Did you minute it?

The management has levelled serious charges to counter your charges......................Apparentrly it is counterblast.

 

Are the charges levelled in writing?

 

Was any inquiry conducted and opportunity granted?

Are the charges true?

Some frank answers and details are required.

Are you open to share!

 

Resoloution might be possible.

 

Biswanath Roy (Advocate)     18 May 2015

1. Disclose Service Agreement if any, and letter of appointment.

2. Disclose service termination letter if any.

If the termination of service communicated to you orally by HR, then attend your office as usual and try to sit on your chair if prevented by any body or by the higher authorities then lodge a diary taking help of a local prudent lawyer practicing in Criminal Court in the local Police Station where your office situates. Thereafter proceed to High Court  for filing a Writ of Mandamus, Simultaneously and concurrently file a criminal case against the persons who physically prevented you and bodily heckelled you from doing your routine job in your office and annex a copy of the petition in your Writ petition.as a part of your grievance.


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