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aashita   02 June 2015

Company sacked me without notice

Hi All,

 

I am really stuck in a bad situation and need help. On the 29th January, I joined a company whose head office is in Delhi. I am located in bangalore and the comapny has its branch in Bangalore. I joined here as Zonal ahead. I had signed a copy of appoitment letter and sent it to the organisation. On 8th may, I received a msg from my senior saying that I need to relaocate to Chennai. Then later no formal communication was there on this ttopic. On 14th May, I got a call from my senior stating that I will have to shift and there is no other option. I said "No" to it, as my family is here in Bangalore. Then, there was no formal communication regarding this. I did not receive any mail regarding termination or relaocation. Since January till now, they have not created company e-mail Id for me and even not given me salary slip, however, salary was being transfered on time. On 31st May, I got the salary and my senior msged me that this is the last working and I will have to quit immediately. They are paying me compensation for the coming month. What can I do? As far as I know, they cannot terminate me immediately.

 

Please help me.



Learning

 14 Replies

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     02 June 2015

Hi Aash*ta,

As you aware that, employee can be transfer anywere in India as per requirment of company & same terms & condition is mentioned in your appointment letter.

2nd transfer of service should be communicate to employee by written communication with provide adequate time to manage / make his personal arrangement.

This is unethical & unprofessional transfer, you need check the standing order / HR policy of company.

you will find the asnwer in the same & you can challege this case.

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L.(Hons)

1 Like

aashita   02 June 2015

Thanks a lot for the response. Please tell me how can I file a case against the company.

Once again thanks for the response.

 

Regards,

Aash*ta

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     02 June 2015

Hi Aash*ta,

Before filing a case, i would suggest you that, first found out the company policy / standing order of company..

Tushar Swar

ACHRM, MBA-HR, D.L.L.(Hons)

1 Like

aashita   02 June 2015

Following is mentioned in the employment letter:

 

We are pleased to offer you employment in our organization -------- Pvt Ltd., as
“Regional Head – Quality Management” on the following terms and conditions:
1. The overall cost to the company has been computed as being Rs. 5, 00,000.00 (Rupees Five
Lakh Only) per annum. The breakup of the annual remuneration will be as per Annexure
enclosed
2. Your initial place of posting shall be B’lore.
3. This letter will be valid for a period of 1 month from the date of inscribed letter
4. We would require a certified copy of your salary income on an annual consolidated basis from
your previous employer (annual cost to company) and relieving letter from your previous
employer. This needs to be submitted within one month of reporting.
5. You should submit your Travelling or other expenses submission on or before 5th of every
month for the expenses incurred during last month in both soft & hard copy with proper
supporting document.
6. You will abide by the rules and regulations that will be announced from time to time from our
administrative offices in India.
7. While you are currently required to operate from B’lore, you may be requested to relocate to
any of our offices in India where we or our group companies may have direct or indirect
operations.
8. You will be on Probation for a period of Six Months from the date of your joining. On
satisfactory completion, you are entitled for 7 days casual leave, 7 days sick leave and 14
general holidays (festival and national holidays pertaining to the branch you report) and on
satisfactory completion of 12 months working you will be credited with 21 days of Earned
Leave.

Regards,

Aash*ta

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     02 June 2015

Hi Aash*ta,

As per your appointment letter, as i said that, clause no. 7 is mentioned about your transfer & i hope you have signed the appoinment letter too. Now, its depend on that, what evidence they have that, they had communicated to you regarding the Transfer order..? whether they send you any transfer letter or email any written communication..? if not, then its simple case.

But, if they have written proof, then you may file case on the ground of nature of justice for adequite time follow the transfer order by company.

You may file civil case, just consult with any good advocate..

Tushar Swar

ACHRM, MBA-HR, D.L.L.(Hons)

1 Like

ambrish (service)     02 June 2015

you got threee month salary and now company is giving you a compensation too. you take and move ahead with the life if you file the case and company says' okay you want to continue the job pls join it at chennai office righ now........can you deny then?  i don't see a strong case from employee point of view.

ambrish

ambrishdost1@gmail.com

aashita   02 June 2015

Hi Tusar Sir,

Thanks for the valuble response. I am planning to take the case forward. As I have alraedy mentioned the organization did not convey formal mail regarding either transfer or termination. I have decided to take thing forward, as I strongly feel that the employers cannot keep on taking  decision only their benefits.

Once again, I want to thank you for your valuble response. Please reply back if you think there is something for which i need to take extra care while filing the case. 

Kumar Doab (FIN)     02 June 2015

You have posted that:

--- "7. While you are currently required to operate from B’lore, you may be requested to relocate to
any of our offices in India where we or our group companies may have direct or indirect
operations."

 

The language leaves a loophole.

 

Discretion to accept/reject  request lies with you.

 

---"6. You will abide by the rules and regulations that will be announced from time to time from our administrative offices in India."

Was copy of such rules and regulations supplied to you before, alongwith or after signing appointment letter?

 

Is this copy available at any shared portal?

 

---"On 8th may, I received a msg from my senior saying that I need to relaocate to Chennai."

"On 31st May, I got the salary and my senior msged me that this is the last working and I will have to quit immediately."

Is your senior that has sent this message your employer or appointing authority or authority to transfer as per board resoloution?

Can you be transferred by message say SMS by any rule or policy of the company?

 

Asking to quit means demanding resignation and it can be termed offence.

 

Speaking order for termination has to be passsed and supplied.

 

---Demand that certified copy of standing orders applicable to company (certified/model) be suuplied to you....................certified  copy by Redg. post of CO (Certified Standing Orders) from good offices of appointing authority/MD or write to designated HR personnel/HR head and affirm to pay reasonable cost (say Rs.10/-) or from certifying officer that might be DLC at the location of Redg. Office of the company against a fixed charge say Rs3/page.

 

Let the company state it doesn't have CO Or Model Standing Orders shall apply or it is exempted.

 

--- You seem to be in probation period?

What is the notice period applicable to you?

 

Consult an able labor Law Consultant/Service matters lawyer/Law firm dealing in labor law cases along with original documents and spend quality time with your lawyer.

 

Your counsel may opine that you are covered by def. of 'Employee' as in Karnataka Shops and Commercial Establishments Act,' Workman' as in ID Act.

 

You cana lso seek support from Employee's Unions/Female Employee's Unions and Trade Unions e.g. CITU/INTUC/BMS/AITUC...............contact details are available on website of Dept. of Labor Karnataka.

 

Recently Dept. of labor Officials awarded a compensation of Rs.12 Lacs to techie that was unfairly terminated.......................

 

1 Like

Kumar Doab (FIN)     02 June 2015

 

 

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you? Salary slip has to be supplied to all employees.

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

1 Like

Kumar Doab (FIN)     02 June 2015

 

Karnataka Labour Department asks US IT firm to pay Rs 12.5 lakh to techie for sacking her

 

https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fibnlive.in.com%2Fnews%2Fkarnataka-labour-department-asks-us-it-firm-to-pay-rs-125-lakh-to-techie-for-sacking-her%2F510660-62-129.html&ei=ztptVfOmI4SiugTv7YPYBQ&usg=AFQjCNH_wZBnPd8VzTLRSyOFi643pbabgQ&sig2=irKtszcZVT7uS3sAt2WA0Q&bvm=bv.94455598,d.c2E
 

aashita   02 June 2015

Thanks for the response Doab sir. 

I would like to clarify the points.

The company was amarket research firm and is registered as Commercial.

I am not sure about how many maximum number of employee can be employed at any particular point but currently 25 people are employed. 

My designation was Zonal head in designation and major duty was to handle the team and the work done by the team and use to quality check the process.

Other than leave policy no other rule was mentioned in the appointment letter. Leave policy mentioned in appointment letter is as "You will be on Probation for a period of Six Months from the date of your joining. On
satisfactory completion, you are entitled for 7 days casual leave, 7 days sick leave and 14
general holidays (festival and national holidays pertaining to the branch you report) and on
satisfactory completion of 12 months working you will be credited with 21 days of Earned".

Appointment letter was given to me but PF number and salary slip was not given. Form16 and ESIC was also not given.

I am not member of any employee union.

My monthly salary was 36000 in hand.

Notice period is not mentioned in appointment letter. But Notice period informed to me while joining was 1 month.

I am in probation and the head office is in Delhi but I was appointed for Bangalore.

There is no portal where the rules and guidelines of the company was shared with me. 

There was no rule stating that I can be sacked be the information given on SMS. That too over SMS it was told to me that this would be the last working month for me. Otherwise I would have started hunting for job.

 

Please guide me.

Thanks in advance

Kumar Doab (FIN)     03 June 2015

 

 

You have posted:

---In your last post that "over SMS it was told to me that this would be the last working month for me. "

 

Apparently one month notice has been given to you..................although by SMS.

 

--- In your first post that

“On 31st May, I got the salary and my senior msged me that this is the last working and I will have to quit immediately.”

This implies termination with immediate effect.

It is not clear what has been submitted by you so far in writing.

 

Consult an able labor Law Consultant/Service matters lawyer/Law firm dealing in labor law cases along with original documents and spend quality time with your lawyer…………….and let your lawyer draft your communications and you may proceed further under expert advise of your lawyer.

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     03 June 2015

Hi Aash*ta,

As per your designation & nature of work, you can't be consider as worker & can't file case in Labour court, you may file case, in civil court, industrial Tribunal,

However, before taking decison to go ahead with filing the case, please refer same judgement passed by respective court as below.

 

Termination of services of a probationer is not illegal.  Guj. HC 193
Refusal to obey lawful instructions of superior(s) will justify dismissal. Del. HC 464
Transfer is not a change in service conditions. Del. HC 464
Transfer is an incident of service. Del. HC 471
An employer has to conduct an enquiry as per Standing Orders. Del. HC 459
Transfer order not illegal when stipulated in appointment letter. Del. HC 471
Non-compliance of transfer and refusal to participate in enquiry are misconducts justifying termination MP HC 655
Termination by one month’s wages without compliance of applicable law is illegal retrenchment Supreme Court 603
Obtaining resignation under pressure and coercion amounts to ‘unfair labour practice’ Raj. HC 658
Transfer of an employee as per service conditions is legal Del. HC 616
An Enquiry must be in conformity with Principle of Natural Justice. Cal. HC 642
Full wages for the period of suspension can’t be denied when the employee is not found guilty in the enquiry Raj. HC 599
Transfer can’t be challenged under section 2A of I.D. Act.   Del. HC 264

 

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L.(Hons)

 

Kumar Doab (FIN)     03 June 2015

The designation alone does not decide employee shall be covered by the def. of 'Employee' as in the Shops and estbs. Act, 'Workman' as in ID Act.

 

You have narrated just an outline of nature of work and it may not involve at all e.g. power to appoint/terminate/award increment/sanction leave etc.................Since no official email was assigned it may not be on record waht was being done by you.

 

As per your service rules posted by you, you  can be requested by employer for transfer.

 

In an interesting case a GM was accepted as Workman.

Hats of to the lawyer. The lawyer confined to the powers and work done etc...............

Other aspects posted by you are also to be covered for that you may consult an able Labor Law Consultant.

 

Seasoned Employee's/Trade Unions leaders also know precise ways to handle such manners.

 

 

 


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