Termination policy
Harsh
(Querist) 16 December 2014
This query is : Resolved
Hello Sir/Madam,
I have a query related to termination policy.
Currently I am working in an Indian Software Firm.
At the time of hiring I have put a condition that I will join the firm only if I provided with specific technology; as I have a prior working experience on that technology.
At that time they assured me that there are business requirement in the firm and you will get it.
But during training period they trained me in another technology despite the fact that I was asking them that I have a prior experience and would like to continue my career in the same skill set.
But again the HR and manager assures me that at the moment we don't have specific business requirement so you have to undergo the training, complete it and once you got the location ,you can ask to move into the technology you have experienced for as there are huge business requirement.
This business requirement comes just after allocation of my training stream.
But after reporting to location they are continuously forcing me to work on the other technology that I have worked on.
I also state them that if I will provide with the same technology I can work anywhere in INDIA.
I also agree to work as a fresher for the same technology , if you don't have any specific field of the same module.
I come to know that there are requirement in the firm but they are not providing me with the same.
They are mentally torturing me.
And asking me to take disciplinary action and then for resignation.
I request you, please tell me the right way how can put my things and ask to work on the skill set that I have experienced for and escape any kind of actions from there side.
Also please tell me if they take any termination action then what steps I can take to save my job.
Waiting and looking forward for your reply.
Thanks and Regards,
Harsh
Devajyoti Barman
(Expert) 16 December 2014
I do not think this organisation is fit for you or they have a very plan for you.
Better look for another job. A new start on false promise hardly works good for the candidate.
ajay sethi
(Expert) 16 December 2014
you have to compromise if you want to work in same organisation . if you cant compromise resign
Harsh
(Querist) 16 December 2014
Hello Sir,
Thanks for your valuable suggestion.
I have a little doubt.
Please try to solve this obe.
If they terminate ,then in that case the termination will only valid if I signed it and except the termination?
And what are the legal actions I can take against termination?
Can you please clarify.
Thanks and Regards,
Harsh
Rajendra K Goyal
(Expert) 17 December 2014
Employee can be terminated even if he refuses to sign / accept termination letter.
Termination can be challenged if procedure / law /rules not followed.
Harsh
(Querist) 17 December 2014
Hello Sir,
Thanks for your feedback.
Can you please let me know that is I am not satisfied with the reasons, my firm is providing to me; then can I challenge that termination or not?
Regards,
Harsh
malipeddi jaggarao
(Expert) 20 December 2014
Mr.Harsh, first of all we have to see whether your condition to your employer that they should assign a job with specific technology you are insisting upon? If there is no written commitment, how can you force to them to implement it? In such case, either you should agree to work with them with the technology provided to you, or you should resign. You cannot take any action against the employer for not providing specific technology which is agreed upon orally. Moreover, they have provided skill training in another technology, you have undergone the same and they will utilize you wherever they require. If you are not willing, your refusal invites disciplinary action. I do not find any wrong if they ask you to resign, so that you can avoid unpleasant situation of facing disciplinary action. You cannot exercise your choice to work with a specific technology against the wishes of your employer.
Guest
(Expert) 20 December 2014
Mr. Harsh,
Please don't mind, but try to understand, naukari and nakhra, both cannot work together. An employee is always at the mercy of his employer, as he recruits employees to execute his firm's jobs efficiently with the sole motive of earning profit not only from his products, but also from the services of his employees.
So, job requirements and service terms are always the prerogative of the employer and a must to follow for any employee. Any employee cannot force his own terms on the employer, who pays him, unless he proves him indispensable.
If you don't have job satisfaction, it is advisable to change the job.
The remedy to escape from any kind of action from employer's side lies simply in any one of the two options for you, (1) try to adapt yourself according to their requirement, or else (2) putting up your papers without any wait for any action on their part.
Guest
(Expert) 20 December 2014
You can challenge termination, provided you are able to effectively prove that you were not allowed to work on agreed terms, if available in writing.
Harsh
(Querist) 20 December 2014
Thank you sir for your suggestions.
:)
Guest
(Expert) 20 December 2014
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
You are welcome for appreciating the valuable opinions by experts above.
