Upgrad LLM

compensation on layoff or termination


Hello,

My scenario is ' a startup company hired a 5+ yrs IT experienced software engineer based on skills, experience & ability. Now, on the joining day itself engaged her on project & she started to work on the project with regular team meeting, project call,sending regular project status update mail to customer then within 2 and half weeks on the joining month itself, the MD & a manager informed the employee that suddenly , client has changed his mind & he 's facing issue on budget so he does not want to continue with the project that the new employee has done so far.  Also, the management informed the employee to immediately submit all the work that the employee did , to other project member who is working there for more than 6 months.

 

Another incident happened here is after 10 days of joining in this company , the manager started to behave very rude with the female employee & while she sent a daily work update mail to client regarding some work issue, the manager sent a very harsh , abusive mail to her on midnight of the same day , in response to that, she informed about the whole incident to the MD itself. The MD promised a lot of false words in response to that on the same week itself.

Now, She's getting fear to lose this job as the company is a startup in Pune & even this company fired a lot of resources earlier like this way. '

So, now the questions are:

1. If she's fired or laid-off or terminated with a sick cause from the company (mentioning false issue of client budget bla bla etc) , what sorts of compensations she can claim for this loss since she left the good job of MNC of Bangalore to join in this startup of Pune & due to this eccentric nature of this company?

2. Can the employee file up a illegal termination case on employer to illegally terminate from project / may be from organisation itself on joining month itself while they took interviews for long time after serving 2 months of NP in earlier organisation she joined in this startup, because that time itself they didn't mention anything about company's budget issue.

 

Please help.

 

Thanks,

Anindita

 
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Advocate

You have to refer to the terms and conditions mentioned in the appointment letter. If the company is terminating the services, they have to adhere to the conditions agreed upon in the appointment letter.  Secondly, the service exigencies can be claimed as an excuse by the company for terminating the services and it can be held as valid.  However, if some irregularity has been observed, the matter may be taken with the company's management first and then through legal channel.  Consult a service law practicing lawyer, discuss the entire issues with him and proceed as per his further advise.


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Thanks for the valuable suggestion.

 
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Advocate

You are welcome for your appreciation and I wish you all the best in your endeavors.

 
Reply   
 
FIN

IT/ITeS companies in Pune is covered by:

Bombay Shops and Commercial Establishments Act,that is so employee friendly.

IN Maharashtra if 50 or more people are employed standing orders shall apply and if standing orders are not certified Model standing orders shall apply.

You may go thru Bombay Shops and Commercial Establishments Act: Sec

 

Client’s budget has nothing to with payment of your dues to you.

Termination/Lay off etc has to be in line with various enactments applicable to the establishment.

Company can not breach the agreement it signed with you in the shape of appointment letter, contract of employment etc……………………………………and can not violate various enactments applicable to it.

You must have heard of terminologies like “ Buyer Beware” likewise…………………….one should observe “ Employee Beware”…………………and must ask around on credentials of promoters, company, line managers, reputation, ranking, financial health etc……………….

Start Up companies in IT/ITeS sector allure many employees and there have been threads initiated:

 

--- even by employers discreetly seeking legal opinion on how to delay/evade payments to employees……………

---by employees showing that company did not have funds and was started on just wild dreams………………

Employees in IT/ITeS sector are not united although there are unions for all employees’ even female employees and trade unions are more than willing to embrace them.

Trade Unions in Maharashtra have traditionally been very strong.

It is good that you have initiated the effort to seek advice on how to defend your career and rights.

You may look for opportunity for your next venture before it is too late.

You may also visit a good lawyer in person and proceed further his expert guidance.

If you wish you can access a Labor Law Consultant/Service Lawyer of your choice.

You shall have to settle your T&C with your lawyer on your own.

It shall be prerogative and pleasure of the lawyer to counsel you or not.

At Pune you can access Lawyer’s par excellence.

Many Lawyer’s from Pune and very senior Labor Law expertlawyer’s advice the querists at LCI e.g. Mr. Jagadish Paranjape…………..

You can conduct search at:

 

http://www.lawyersclubindia.com/lawyers_search/#.U9y1k-OSwb8           

 
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Hello,

This is in-continuation of my earlier message of 2 months ago. Today i.e 16th Oct, 2014 I got terminated from the startup company of Pune with an order of notice period of 1 months according to the offer letter terms. 

The entire communication regarding termination information is happened through online call , & finally the reason for termination is showed as 'Client dissatisfaction' which is related to same incidence of my earlier thread, I was removed from project within 13 days of work as I mentioned earlier on the month of july(24th july,14), then I was told to be assigned on another project.. after that I was on bench till September 15th, 2014. Next, was assigned on another project from 8th October, 2014 & started the project delivery.

In the mean time , I never received any email of warning of termination/any call regarding it. Today morning , the director of the startup just suddenly talked to me online that I am unable to satisfy my client , my presence in this startup company's project is huge risk , so , they are terminating me for it.

Then , he sent immediately , my termination letter on mail stating my last date of working as 16th nov, & asked for acceptance of letter from me.

I asked about my compensation on this respect, since I got a huge loss in my career & financial aspects, in this respect, he made second call on internet & stated that , they can pay me only 2 months for notice period in lieu of 1 month,

When I asked it's not correct judgement , he behaved extremely rudely forgetting as normal corporate behaviour specially with a female employee & used some abusive words in his next statements & threatened me that I can go to any lawyer of World & nobody can help me to get the right judgement & justice for this illegal notice & pressure of leaving the job. Even , I got great surprise while I didn't mention a single line of legal procedure , he started to threat me taking legal examples & blackmailed me that it was my last chance to get some help on this termination from the company, next, he would not talk to me anymore & disconnected the call.

 What shall I do next for this situation right now? I have the laptop & some IT accessories from the company & I am resided now in kolkata & working from there itself. How to proceed ... please guide.

 

Thanks,

Anindita

 

 

 

 

 
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FIN

 

Has the company leveled any chare or stated any reason in Notice of termination issued to you?

Is it on record that so called ‘Client’ is not satisfied?

Do you have any communication on record that ‘Client’ was satisfied and charge is false?

Did you record the internet/on line calls of the employer?

Otherwise the employer ha stated the charge verbally to you and may include it in your personal file as notings for future reference.

Either you can accept 2 month’s notice pay and resign and get acceptance of resignation (withdrawal of notice of termination with good comments duly stated in Relieving Letter, reference check etc…………………or you can contest the termination notice (On merits only) and claim damages in court of law……………..

Choose wisely.

Consult a local Labor law Consultant/Service Lawyer with all docs on record and understand the merits before you proceed further…………………….

If you succeed to prove that you were located at West Bengal while terminated then you may succeed to agitate at West Bengal

You can also consult female IT employees/IT employee’s unions in West Bengal and elsewhere, Trade Unions like CITU/INTUC/AITUC/BMS………………..

 

http://www.itecentre.co.in/

http://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

http://www.wbitsa.org/

www.itpfindia.org/

http://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


http://www.shivsena.org

 

 

 

http://www.amrc.org.hk/node/1088         CBPOP

http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

 

http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

http://www.rediff.com/money/2007/feb/01ites.htm

 

 

 

http://www.itecentre.co.in/

 

http://www.lawyersclubindia.com/forum/Can-i-send-legal-notice-to-my-employer-108857.asp#.VBrRGZSSwb8

 

 

The lawyer that has examined all docs on record, inputs and merits can advise you the best.

 

 

 
Reply   
 

Hi,

 

To  answer to the following questions :

Has the company leveled any chare or stated any reason in Notice of termination issued to you?

 

The company did not mention any reason behind the termination, only stated as per clause of 'Termination' according to offer letter.


Is it on record that so called ‘Client’ is not satisfied?

The project delivery , status email sent to client all I have in record.


Do you have any communication on record that ‘Client’ was satisfied and charge is false?

 

Had verbal communication, but did not record that since that time could not understand about the arrival of this situation, but have all delivery details mail sent to client & response of client.

 

Did you record the internet/on line calls of the employer?

 

Yes, the call related to termination is recorded.


Otherwise the employer ha stated the charge verbally to you and may include it in your personal file as notings for future reference.

 

Moreover, the employer terminated me first giving 1 months notice period , & sent me mail about it, on next day, sent direct termination letter on mail with sending 1 month's notice payment.

 

In the final termination letter , the date of starting of joining is also mentioned wrong & asserted that , the same termination mail is sent in post too.

 

Now, how can an employer terminate an employee with 24 hours in two ways , first by providing one month notice & next day by sending 1  month notice payment ?

 

Since, during termination time , I was in Kolkata, can I agitate it from Kolkata High Court or labour court or have to file it in pune?

 

Please guide.

 

Thanks,

Anindita

 
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Web Developer

My company in gurgaon sent me on leaves and not paying any compensation. They are paying my salary in form of earned leaves. This is illegal lay off. I want to complaint so how I can start procedure. I have been on leaves over 3 months.
 
Reply   
 
Web Developer

My company in gurgaon sent me on leaves and not paying any compensation. They are paying my salary in form of earned leaves. This is illegal lay off. I want to complaint so how I can start procedure. I have been on leaves over 3 months.
 
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