Upgrad LLM

employee termination policy


 Dear Sir

I was employed with a Pvt Sector Bank for last three and half years, last year in the month of April 2014 I asked for a transfer nearer to my home location and was in constant follow up with my Regional HR Manager, suddenly in the last week of February 2015 I was called by my senior authority and Regional HR Manager that they don't have any suitable post for me at the my current location and I have toput my rresignation immediately, I refused to do so and finally I was terminated on 6th March 2015 with no reason but soughting th SEPERATION CLAUSE of employment agreement, even I am not paid the salary for 3 months. Kindly assist me where can I lodge a complaint against the organisation, as I was not issued any reason for termination not even any integrityor pperformance issues 

. Rajeev Ray 

 

 
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FIN

  1. Did you apply for transfer  and followed up in writing or verbally:::::do you have any evidence of it?
  2.  If you want to contest the termination then you may do so since the opportunity of natural justice seems to have not been provided.You may quote the transfer requests and minutes of meetings etc….
  3. If the notice pay is to be tendered in lieu of notice period then the employer has also to tender it.Aparently no stinkers,show cause notice,PIP notice etc has been supplied to you.
  4. What is your designation and nature of duties?

How many person were reporting to you?

What was your monthly salary?

Do you have saalry slips of each month/PF number-a/c slips/Form16 of each year?

Were you asked to handover the charge/assets/obtain NOC/NDC? Or is it mentioned in the policy that employee has to obtain NOC/NDC/Handover etc?

 

Did you have power to sanction (not just recommend) leave/increment/appoint/terminate?

Since it is private bank for private/commercial gains it might have registered under (name of the state) Shops and commercial Establishments Act…………………however you need to confirm it and post!

 

You may show the job advt,job application,interview call letter,selection letter,offer letter,appointment letter,HR policy/Service Rules regulations/Employee handbook/separation clause etc …..everything that has been mentioned in appointment letter,transfer requests etc to an able Labor Law consultant/service matters lawyer/Law firm and give inputs in person and understand the merits and proceed under expert advice of your lawyer…………….

 
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legal advisor

If they have not followed the terms mentioned regarding termination from duty in the app letter then send them a notice demanding explanation and payment of dues within fifteen days failing which you will lodge a complaint with the labour commissioner and proceed legally
 
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LEGAL COUNSEL

A Private Sector Bank should have its own service regulations or Standing Order. In the absence of such regulations, Model Standing Order would be applicale and hence they can't issue a simpliter termination (termination without assigning any reason). Further, you were pressurised to put in your resignation and then the last resort was termination. You can prefer a Industrial Dispute before the labour court, post serice of a legal notice to the bank

 
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