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KS (SM)     27 February 2011

Employment contract

 

 

He joined the organisation about 4 months back.  He had put up considerable amount of eperience and before this he worked for 6 years in the previous company and had shown consistent growth. He was initially invited and later coerced by assurances of  bright future and growth in the new organisation. The new organisation put him in a difficult area to proove himself.  Though he has done fairly well and brought credibility to the demographical area of his work, he is asked to resign.

 

The reason is that the Top most management person belongs to a particular religion (minority community).  He want to make way for another person who belongs to the same religion in that area who has earlier underperformed grossly. This can be prooved if the performance of the area is decipered from the company finances.

 

It can be prooved that the perfomance during the last 4 months after joining was not bad at all. 

 

Can such decisions based on religion and other matters acceptable?  Is there any way out for this friend onf mine who is in a precarious situation after having left theearlier settled job.

 

Should he come out since he is under probation OR could he ask for suitable compensation OR should he stay and say this is discriminatory?

 

Is there no law that protects against such discrimination by on the basis of religion in organisations. There should be some way out since the constitution guarantees against such discrimination to all citizens. Incidentally, this organisation has 70% of the employees of the other religion but at all lower levels.

 

What are the earlier case histories in such case?

 

I request the learned members to please Enlighten in this matter




Learning

 1 Replies

sanjay kumar (BE/ LLM in Corporate Laws)     04 March 2011

This is an open secret that in our country, nepotism on the basis of caste, religion, region, relations is quite rampant. We all exercise it in one way of the other. This practice flourishes because it cannot be proved in the court of law that somebody had acted in this way. There is no way the courts can judge that who is good or bad in a job or profession. The courts generally will not enter this area. The courts,at best, can enforce the terms of the employment contract but they can no way frame a model employment contract.

In your case, it is very diffcult to prove your allegations. What had stopped the Top-most man to bring in his own protege instead of hiring your friend? And why would he be interested in destroying the career of your friend? These are some tricky issues.


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