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Venkat   14 April 2017

Illegal termination

Im working for multination bpo company for last 8 years. My performance has been very good till date. Recently bcz of a small difference with a colleague of mine management decided to end my services. Management has given me option to resign or else would terminate my services . There are no solid charges against me and mannagement cannot prove anything against me , However I'm worried if i file a case with the labour court this might take long time and lot of money. They also might not give me my experience certificate which would result in difficultly getting a new job. Please advise


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 3 Replies

Kumar Doab (FIN)     14 April 2017

One Prespective: If you are seasoned and experienced and skilled and a performer, cross floors and firm up next venture ASAP in better organization at better position and better remuneration ( Compare on in Hand and than variables in CTC).

Get service certificate, relieving letter with good comments (avoid without comments, adverse comments) on conduct, performance, discipline etc

The Line Managers/HR/Employer may agree to grant time till you get next employment.

Tender notice of resignation (mention notice period and LWD in it) under proper acknowledgment.

In such situations employee may tender notice period even if more than inserted in appointment letter.

There are instances where Line Managers/HR/Employer agree to keep employee on rolls till employee contracts next employment and provide service certificate, relieving letter without anyt brak in service. They may ask to give a written undertaking that employee shall not claim wages after expiry of notice period.

This is matter pure understanding between two parties.

Kumar Doab (FIN)     14 April 2017

Another Prespective: The employer should issue memo,SCN, conduct inquiry, provide opportunity of natual justice and pass speaking order of termination.

Kumar Doab (FIN)     14 April 2017

 

Another Prespective: Employee can approach the applicable forum per anctments that apply to establishment/employee and obtain stay on termination.

Seek support and guidance from Employee’s/Trade Unions, a very able counsel specializing in Labor/Service matters at your location.  


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