You have posted that:
---------“I was released by my process manager on June 14th 2013 without any prior notice. “
Is this process manager competent employee of the company empowered to do so and has he relieved by a written document on record?
Have you submitted any representation to good offices of your appointing authority, MD, CEO, Chairman, Company Secretary etc……….under proper acknowledgment, and if yes what is their reply in office verbally or in writing?
Have you submitted any minutes of your interactions?
-------“When I asked my unit manager to shorten my notice period in the month of June because I had a joining somewhere else however he refused to do so therfore I didn't join that company.’
Did you ask in writing on record or has any one in line management/HR placed your request made in office on record?
---------“And all of a sudden they released me, now you tell me who will pay for the loss. ‘
You may show the appointment letter, standing orders of the company (if any) Shops and Establishments Act of your state, resignation, acceptance, relieving order and any other communication on record which is relevant and can matter, to a competent and experienced labor consultant/service lawyer, spend quality time with your lawyer, give inputs in person and proceed under the expert advice of your lawyer.
Let opinion of your lawyer that has seen all docs and analyzed the inputs given by you be final on all points discussed in this thread………………
----------“I've resigned because I'm not that good in a voice profile I asked them to move in data process, nobody gave me an option for backend profile not even asked the reason why I wanted to resign.”
Companies with good HR practices do allow, encourage, and keep such internal movement in its policies………………..including in PIP where due to dissatisfactory performance ( as viewed by company) of the employee the employee is allowed to seek placement in other dept…………………
However in your case probably you have remained entangled with your line management and have not approached the good offices…………………………..
Line Manager as HR is another employee in the company and not employer.
Until or unless this process manager is registered as ‘Manager’ ‘Agent of employer’ ………………….hence to be treated as ‘Employer’ as described in Shops and Establishments Act of your state………………….If he is he is the one to face the penalty by the Inspector/Chief Inspector along with employer…………………
------------“Also I asked my unit manager why didn't he informed me they would release me on June 14th his answer was it was pre planned that we'll release you on June 14th. If things were already planned than why didn't they inform me.’
The termination of contract of employment can be initiated by employee or employer in line with terms of the contract, standing orders of the company extended to the designation of the employee………………………………so that rights of the other party are not violated by breach of the
T&C of the contract…………………………………………
Company could have issued a notice so that employee could have responded to it.
The employee has also to make arrangements for his next venture and source of livelihood……………..
Did you agitate to allow you to serve the full notice period and thus earn salary…………….?
It is not clear what is your ultimate aim: notice pay for shortfall in notice period, damages, to call back the relieving order……………………..
However if you have proof, evidence on points stated in yur post you should be able to achieve your objectives.....................
If it is bilateral agreement (appointment letter) that both employee and employer have to tender notice of termination or notice pay for shortfall in notice period, both are liable……………
You may act smart and obtain clear relieving order, NOV/NDC, FNF statement etc beforehand…………………
You may find the following useful.
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this ourt that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.
The employees in the BPO industry due to rampant exploitation have been contemplating to unite and form groups, associations, guild, unions…………
One such is:
Centre for BPO Professionals (CBPOP)
If there is a trade union it shall be good for the employees.
You may find the attachment as useful……………..
