Dear Sir,
Background of the case.
My employer (A Private Ltd Co) had advertised for Finance Manager. I have been selected and company issued me an offer letter as a “Finance Manager”. I resigned from my earlier permanent job and joined the company. When I joined the company, they designated me as a “Senior Accountant” (No change in Salary) and issued me an appointment letter with 6 months probation period.
Issue:- After completion of my probation period, in Feb 15 company issued me an letter to extend the probationary period for further 3 months. The reason has been given the reason “Performance is no satisfactory”. On one fine morning HR department told me that they want to appoint a Chartered Accountant on my place. They have appointed a Chartered Accountant and told me to resign and leave the company at the earliest. Still I am working, but my job may go at any time. I am M Com by qualification having 24 years experience. My age is 51 years. I have left my permanent job.
Company never told me about reason for dissatisfaction of the management. HR director just told me that I do not have any experience in manufacturing industry, but I have more than 12 years experience from the manufacturing companies. I have mentioned everything in my CV. HR director interviewed me and the send me for final interview to the Company’s auditor.
HR director interviewed, company’s auditor tested my knowledge, experience and skill for the job then they appointed me and now company wants to remove me.
Sir, the actual problem is ego of HR director which I feel. The reason is that, on my first day of my joining the company, I have objected on re-designation and expressed my dissatisfaction. I didn’t have any alternate but to accept the changed designation as a “Sr Accountant”. I wrote a letter for the changed designation (with the HR directors permission) to the Chairman and copy marked to him as well as Sr. Accounts Manager but HR director didn’t like this. He is taking the revenge on me by removing me.
Sir in this situation, does any law protect me to save my job?. Can I sue to the company, if yes, under which law and section? At the age of 51 years where I will go? For one person’s ego I can’t leave the job. I requested HR director, assured to improve my performance, but this heartless person does not ready to listen me.
I have been informed me that after one year of completion of my service, I can sue to the company. Is it correct? Secondly, next month what should be my course of action when they will issue me a termination letter?
Please advice.
Regards,
Sanjay Baviskar
