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Forcefuly termination of employment

(Querist) 22 June 2015 This query is : Resolved 
Dear Sir,

Background of the case.

My employer (A Private Ltd Co) had advertised for Finance Manager. I have been selected and company issued me an offer letter as a “Finance Manager”. I resigned from my earlier permanent job and joined the company. When I joined the company, they designated me as a “Senior Accountant” (No change in Salary) and issued me an appointment letter with 6 months probation period.


Issue:- After completion of my probation period, in Feb 15 company issued me an letter to extend the probationary period for further 3 months. The reason has been given the reason “Performance is no satisfactory”. On one fine morning HR department told me that they want to appoint a Chartered Accountant on my place. They have appointed a Chartered Accountant and told me to resign and leave the company at the earliest. Still I am working, but my job may go at any time. I am M Com by qualification having 24 years experience. My age is 51 years. I have left my permanent job.

Company never told me about reason for dissatisfaction of the management. HR director just told me that I do not have any experience in manufacturing industry, but I have more than 12 years experience from the manufacturing companies. I have mentioned everything in my CV. HR director interviewed me and the send me for final interview to the Company’s auditor.

HR director interviewed, company’s auditor tested my knowledge, experience and skill for the job then they appointed me and now company wants to remove me.


Sir, the actual problem is ego of HR director which I feel. The reason is that, on my first day of my joining the company, I have objected on re-designation and expressed my dissatisfaction. I didn’t have any alternate but to accept the changed designation as a “Sr Accountant”. I wrote a letter for the changed designation (with the HR directors permission) to the Chairman and copy marked to him as well as Sr. Accounts Manager but HR director didn’t like this. He is taking the revenge on me by removing me.

Sir in this situation, does any law protect me to save my job?. Can I sue to the company, if yes, under which law and section? At the age of 51 years where I will go? For one person’s ego I can’t leave the job. I requested HR director, assured to improve my performance, but this heartless person does not ready to listen me.

I have been informed me that after one year of completion of my service, I can sue to the company. Is it correct? Secondly, next month what should be my course of action when they will issue me a termination letter?

Please advice.

Regards,

Sanjay Baviskar
Kumar Doab (Expert) 22 June 2015

You have mentioned the background and that you had mentioned in writing about change in position/designation on appointment.



Did you mention the table of hierarchy i.e. ‘Senior Accountant’ reports to whom say ‘Sr. Account Manager’ and Sr. Account Manager reports to whom say ‘Finance Manager’!


If the hierarchy is ‘Senior Accountant’ --- ‘Sr. Account Manager’ --‘Finance Manager’ then although after satisfactory interview and selection and issuance of offer letter for the position of ‘Finance Manager’ you were posted at two steps below!


You have mentioned that you had no alternative but to join as you had left a permanent job.

Did the Chairman’s office revert to you on your narrative and grievances?



Was any probation period indicated during the interview and inserted in offer letter?



Have you resigned?
Do you have copy of HR policy/service rules and resignation etc mentioned in appointment letter?



Did you tender notice of resignation or resignation with immediate effect?


If yes: have you mentioned in notice/resignation or subsequent communications that you were forced to resign and another person in your place has already been installed? The onus to establish that resignation was extracted from you by force/coercion/pressure may fall upon you.

Who has appraised you before completion of probation period and at the time of extension of probation period?


Was the appraisal format/matrix shared with you and did you sign the appraisal and do you have the copy?



Was any communication on your performance/stinker/memo issued to you pointing out the areas of improvement etc issued to you?


Is “Performance is no satisfactory” mentioned in extension of probation period letter?


Did you express your dissatisfaction and dissent to such comments and mentioned that during period of 6 months no comment of dissatisfaction was ever issued to you?
One alternative is that you can submit another representation to Chairman’s office covering everything and try to defend your job till or buy time till you firm up another suitable alternative…………………..even if with the past employer.


Does the company have its certified standing orders and is your designation covered by these?


Is your designation and nature of duties get you coverage as ‘Workman’ as in ID Act and Model Standing orders?


You may show all docs on record to an able Labor Law Consultant/Service matters Lawyer/Law firm dealing labor and service matters and understand the options and merits and remedies.


Since as per your post forced resignation has been extracted from your counsel may opine that you have a reason to approach court of law. Once in court of law the decision is the pleasure of court of law.


However if you have the evidences and resolve and merits your actions may unnerve and unsettle this HR Manager.


Whatever be your designations and nature of duties the employee's/Trade unions may embrace you and stand by you. This can also help you and unsettle the OP.


Rajendra K Goyal (Expert) 22 June 2015
Legal fight is time and cost consuming and may not give you immediate relief.

Search for another job and join later with the help of experienced lawyer you may take up your dispute.


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