Employee termination

IN case of termination the company should supply the Service Certificate, FnF wages on last day in office.

What is the reason for termination stated in termination order?

Did the company issue any stinkers, notice, show cause notice and did it conduct any enquiry before effecting termination?

Have you accepted in writing that you have accepted some cash/illegal gratification from vendor?

Did the company issue any speaking order for forfeiture of Gratuity?

Has the company issued any offer letter, appointment letter?

Has the company stated in appointment letter that your service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules, standing orders(certified/model)………………………..and did it supply the copy of such rules…………………………..or did it keep such rules on shared portal…………………….and do you have copy of such rules?

Has the company supplied any FnF statement/settlement and did you accept it?

What is this establishment; Commercial, Industrial, Small Enterprise?

How many people are employed in it?

The Redg. office of the company and your reporting office is located in which state?

You were located in which state?

What is its line of business: e.g.: IT, Banking,etc?

What is your designation and nature of duties and how many persons were reporting to you?

Did you have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

You have issued notice from your side or legal notice thru your lawyer?

Reply point wise to each point.

What is the reason for termination stated in termination order?

-         Currently I cant recollect the exact terminology which has been used in the letter, as i was shocked that as soon as I heard that I will be terminated, and my mind was fully bank. They have not provided any copy to me, I have been asked to sign in the copy and return it back. Immediately my ID card has been taken and I have been sent out.

Did the company issue any stinkers, notice, show cause notice and did it conduct any enquiry before effecting termination?

-         Enquiry has happened, and no stinkers / notice issued.

Have you accepted in writing that you have accepted some cash/illegal gratification from vendor?

-         At the time of enquiry the Risk team from the company asked me to provide the written statement which has happened and I provided the same. Also I had mentioned in the statement that my chief supervisor influenced me, that nothing will happen to my carrier as you are following your Boss’s instruction.

Did the company issue any speaking order for forfeiture of Gratuity?

-         No

Has the company issued any offer letter, appointment letter?

-         Yes, Offer Letter, Appointment letter, Confirmation letter, Band change letters, Increment letters & Promotion letters.

 Has the company stated in appointment letter that your service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules, standing orders(certified/model)………………………..and did it supply the copy of such rules…………………………..or did it keep such rules on shared portal…………………….and do you have copy of such rules?

-         Yes, it is mentioned in the appointment letter and the same is available in portal. I do not have separate copy of the policy apart from the conditions which is mentioned in the appointment letter.

Has the company supplied any FnF statement/settlement and did you accept it?

-         In the mid month of August I got a message from my salary accounted bank stating your gratuity amount has been credited, and in the 28^th of Aug I received another message stating that salary has been credited. (I think it should be FnF). But the worst part is I had taken ready credit amount from the bank & since the salary has not credited regularly my account has been blocked & my bank balance was turned in to negative, and all the money which has been credited to my account has been taken by the bank only. Still i am liable to pay one lakh to the bank.     

What is this establishment; Commercial, Industrial, Small Enterprise?

-         IT is French based BPO company

How many people are employed in it?

-         Close to 2000 Employees working in this organisation

The Redg. office of the company and your reporting office is located in which state?

-         Both are in Karnataka (Bangalore)

 You were located in which state?

-         When I was working I stayed in Bangalore, since there is no Job i moved to my native place Tamil Nadu.

What is its line of business: e.g.: IT, Banking,etc?

-         Insurance Operations, BPO

What is your designation and nature of duties and how many persons were reporting to you?

Till 30^th Nov 2013 I was just a team member. On 1^st Dec 2013 I have been promoted as Process Leader, my duties are work allocation to the team and ensuring everybody is meeting their targets, there are 17 people reporting to me (i.e my designation is in between the team members and Assistant manager).

Did you have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

-         No, I did not have any kind of such authorities.

You have issued notice from your side or legal notice thru your lawyer?

-         Legal notice issued thru Lawyer only who belongs to the same jurisdiction  (Karnataka)

Also some of the points I would like to mentioned here.

Both the chief supervisor & client have been terminated on 2^nd July 2014 itself.

There are close to 10 more team members who had benefited with this scam money every month (close to one year), they are excused accepting their apology letter and still they are working in the organisation. In the same way I also gave my apology letter but my request has not been considered.

My only one request & which I am expecting from the company is... I am ready to take this termination as a punishment for knowingly or unknowingly I involved in this scam, but please provide experience & relieving letter, so that I can survive my life.

Thanks

Sudhakar

That is why employees should unite and be member of employee's/Trade Unions. 

IN case of termination the company should supply the Service Certificate.

You should have kept the original termination order. You can state in your representations that you were not allowed to retain the original……………………….and demand to supply the certified copy of rules and policies mentioned in appointment letter.

Apparently enquiry has been conducted and you have accepted the charge and made the Supervisor a party.

BPO are covered by ( Name of the state) Shops and Commercial Establishments Act.

It is not understood how you are liable to pay Rs1lac to bank! Your lawyer can deal with this matter separately that is between you and the bank.

If company has paid full wages, leave encashment, Bonus, incentives, Gratuity……………………….. all due payouts then nothing seems to be remaining to be done as far as payouts are concerned. However let your lawyer opine finally on it.

YOU can certainly demand original  copy of FnF statement and show it to your lawyer.

By your designation you may be covered by the def. of ‘Workman’ as in ID Act, ‘Employee’ as in ( Name of the state) Shops and Commercial Establishments Act.

Relieving Letter signifies that nothing is pending at the end of employee and employee has been released from employment.

Since all employers demand it hence courts, lawful authorities also know that it is required……………..for employment.

It is discretion of all employers to recruit and appoint an employee that has been terminated by past employer.

The jurisdiction of courts can be last location of employee, location of Redg. Office/HO of the company, jurisdictional courts as stated in appointment letter, location of any office of company say……………….in Tamilnadu.

On all points a Labor Law Consultant/Service Lawyer at your location can advise you after examining all docs on record and your inputs.

You can also approach employee's unions, trade unions like CITU, AITUC, BMS, INTUC and put pressure.

There are IT/ITeS/BPO employees unions too!