Hello friends. I have been working for a JV (pvt ltd co) for the past 5 1/2 years and am responsible for the entire operations of the organization. I was responsible for setting up the organization, recruitment, implementing SOPs, systems, etc., and have been managing it quite successfully since inception. I have been rewarded well by the management for my exceptional performance. However, of late, some of the board members feel that I am paid more and are looking for a replacement at a salary lesser than mine. The organization is doing very well and making handsome profits on a year-on-year basis. What is the legal recourse for me if I am asked to leave? Thanks.
From India, Mumbai
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1From India, Mumbai
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Sir, according to your write-up, it is understood that you are the foundation stone of the company and had implemented SOPs and processes. I feel that when there is no cooperation from the management side, any level of employee cannot deliver. While wishing you all the best and success, I suggest you to show all your skills and make them feel that they cannot lose you. Otherwise, there must have been a clause in the appointment letter regarding the notice period. As a senior employee of the company and to avoid any inconvenience to both you and the company, avail of this facility. Because the law of Trots cannot be implemented in India.
From India, Hyderabad
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From India, Hyderabad
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Congratulations on such a successful tenure. You have created a future for yourself. You must have found many areas where you can take new responsibility and expand. Can you consider the option? We understand your employer is looking for an option. Let's objectively take this situation and consider it from the point of view of your employer. Resource optimization is almost synonymous with surviving different business cycles. Take a long-term view of your career and identify the areas you would want to grow in the future. I am sure you have your anchors within the management team. Look for mentoring from them and seek options to grow. May the best option find you. All the best!
From India, Mumbai
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From India, Mumbai
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Thanks Ankita, The reference to super profits was only to highlight the fact that the company is doing well and is not contemplating replacement on account of the organization not performing well. The discussion to add more to my portfolio of responsibility has already happened and they are unable to come up with more work. The irony/point I am trying to make here is that an individual who has worked diligently and was rewarded by the management in terms of good increments is now being thought of being replaced because of the view of some people that I am being paid too much. Hence the question of legal recourse.
From India, Mumbai
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From India, Mumbai
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Hello HealDida,
In my comments, I was trying to be a devil's advocate as it is essential to know the other side's story sometimes.
As I said, it would be really difficult to go on appreciating an employee's efforts when they think that it involves too much money.
Let's take a very general example:
We need advice on our business, and we have two consultants. One is very experienced and has proven results and hence is premium. The other one is cheap and comparatively a starter and not so much experienced.
If we have to shed money for one single piece of advice, we would perhaps choose the latter unless we know that the former is actually worth the price.
Try to do this -
Communicate with your management that you are open to discussing the issue and coming to a mutual agreement on the cause.
Do a brief analysis of your job role and put on paper every single task you did, and also add the end result. (For example, say you implemented 5 ideas, out of which 4 worked but 1 didn't, add that 1 failed idea as well. This would show that you are trying to innovate.)
Do a quick survey in your professional network of the salary range for people of your experience and decide if you are way higher than the industrial norm; if not, you can educate your management about the same.
Dig out your previous performance appraisal records if accessible and try to make your point.
Basically, I do not want you to go to management and try to seek their help and charity. I want you to be firm, strong, and handle the situation more maturely and calmly. Show them your efforts and your worth, and what you are paid should be just fine with them.
Also, educate them that since you've been on board for X years, you know the market, and you can help develop better strategies in the future as well. Whereas if a newbie is joined (even though experienced, would be a new person in the firm), they would take some time to get adjusted in the new shoes, let alone get running in them.
If they are not convinced, I do not think we can do much about it. At least ask them that for good times' sake they keep you until you get the next job or recommend you in their professional network.
Hope it helped. :-)
From India, Mumbai
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In my comments, I was trying to be a devil's advocate as it is essential to know the other side's story sometimes.
As I said, it would be really difficult to go on appreciating an employee's efforts when they think that it involves too much money.
Let's take a very general example:
We need advice on our business, and we have two consultants. One is very experienced and has proven results and hence is premium. The other one is cheap and comparatively a starter and not so much experienced.
If we have to shed money for one single piece of advice, we would perhaps choose the latter unless we know that the former is actually worth the price.
Try to do this -
Communicate with your management that you are open to discussing the issue and coming to a mutual agreement on the cause.
Do a brief analysis of your job role and put on paper every single task you did, and also add the end result. (For example, say you implemented 5 ideas, out of which 4 worked but 1 didn't, add that 1 failed idea as well. This would show that you are trying to innovate.)
Do a quick survey in your professional network of the salary range for people of your experience and decide if you are way higher than the industrial norm; if not, you can educate your management about the same.
Dig out your previous performance appraisal records if accessible and try to make your point.
Basically, I do not want you to go to management and try to seek their help and charity. I want you to be firm, strong, and handle the situation more maturely and calmly. Show them your efforts and your worth, and what you are paid should be just fine with them.
Also, educate them that since you've been on board for X years, you know the market, and you can help develop better strategies in the future as well. Whereas if a newbie is joined (even though experienced, would be a new person in the firm), they would take some time to get adjusted in the new shoes, let alone get running in them.
If they are not convinced, I do not think we can do much about it. At least ask them that for good times' sake they keep you until you get the next job or recommend you in their professional network.
Hope it helped. :-)
From India, Mumbai
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Hi I appreciate the comments of Nobomita. One should have faith & confidence in himself and always have a forward looking approach to achieve success in life. Regards. RS
From Singapore, Singapore
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From Singapore, Singapore
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Hello HealDida,
I agree with what Ms. Ankita has said. You cannot do much in this regard if your management feels like you are paid more than what you deserve. In the agreement, it is clearly mentioned that either party can terminate the contract. I suggest you not go for legal action as this doesn't show good business acumen. You are experienced and can join any good organization where your efforts will be appreciated.
Wishing you good luck for your future.
From India, Delhi
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I agree with what Ms. Ankita has said. You cannot do much in this regard if your management feels like you are paid more than what you deserve. In the agreement, it is clearly mentioned that either party can terminate the contract. I suggest you not go for legal action as this doesn't show good business acumen. You are experienced and can join any good organization where your efforts will be appreciated.
Wishing you good luck for your future.
From India, Delhi
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Hello Healdida,
Like (Cite Contribution) mentioned, this could be a case of "Resource optimization".
Another possibility could be that the management could be feeling 'threatened' by your growing stature—especially since you mention it's a JV. Is the other partner in the venture foreign? If yes, this is more likely, since many foreign JV partners look at such a situation differently—which may not be in tune with the Indian JV partner/management (meaning they feel threatened that YOU could replace them in the long run—from the management perspective, not the investment perspective).
Given the situation, suggest looking at it differently—the fact that you seem to have increased the profits for the company and you are, sort of, the bulwark for the company operations says a lot about your caliber and capabilities, as other members too pointed out.
Maybe it's his way of hinting to you that the time has come for you to move on and cash in on your skills better? You haven't mentioned which sector/domain you work in, but whichever sector you are in, your skills would be best suited for any company that's a start-up or a company that is looking for someone to handle the scaling-up of operations.
Like Ankita Shah mentioned, you can do a quick survey in your professional network to determine the salary range for your experience level and see if this can help you address the concerns in your present company—but at the same time, please be mentally prepared to move out if that's what the management wants. Such a survey would help you in such an eventuality.
While understanding your wish to explore all options, including the 'legal recourse' angle, please note that you are different from others in one crucial aspect: you head the show. And any legal action could have a bearing on your future—in the way companies 'perceive' your actions. Not that 'legal action' is totally barred or to be avoided, but I suggest treating it as an option based on the cost-benefits. In this case, I see the long-term harm as far higher than the short-term benefits. Hope you get the point.
To summarize, I can only reiterate what Ankita Shah mentioned: "If they are not convinced, I do not think we can do much about it. At least ask them that for good times' sake they keep you until you get your next job or recommend you in their professional network".
All the Best.
Regards,
TS
From India, Hyderabad
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Like (Cite Contribution) mentioned, this could be a case of "Resource optimization".
Another possibility could be that the management could be feeling 'threatened' by your growing stature—especially since you mention it's a JV. Is the other partner in the venture foreign? If yes, this is more likely, since many foreign JV partners look at such a situation differently—which may not be in tune with the Indian JV partner/management (meaning they feel threatened that YOU could replace them in the long run—from the management perspective, not the investment perspective).
Given the situation, suggest looking at it differently—the fact that you seem to have increased the profits for the company and you are, sort of, the bulwark for the company operations says a lot about your caliber and capabilities, as other members too pointed out.
Maybe it's his way of hinting to you that the time has come for you to move on and cash in on your skills better? You haven't mentioned which sector/domain you work in, but whichever sector you are in, your skills would be best suited for any company that's a start-up or a company that is looking for someone to handle the scaling-up of operations.
Like Ankita Shah mentioned, you can do a quick survey in your professional network to determine the salary range for your experience level and see if this can help you address the concerns in your present company—but at the same time, please be mentally prepared to move out if that's what the management wants. Such a survey would help you in such an eventuality.
While understanding your wish to explore all options, including the 'legal recourse' angle, please note that you are different from others in one crucial aspect: you head the show. And any legal action could have a bearing on your future—in the way companies 'perceive' your actions. Not that 'legal action' is totally barred or to be avoided, but I suggest treating it as an option based on the cost-benefits. In this case, I see the long-term harm as far higher than the short-term benefits. Hope you get the point.
To summarize, I can only reiterate what Ankita Shah mentioned: "If they are not convinced, I do not think we can do much about it. At least ask them that for good times' sake they keep you until you get your next job or recommend you in their professional network".
All the Best.
Regards,
TS
From India, Hyderabad
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Dear Healdida,
I am in agreement with Ms. (Cite Contribution). See this development as an opportunity and not a threat. Maybe it's a blessing in disguise. I also don't think taking legal action will be of any use. Even if you win, the confidence in management will be lost, and so will be the charm of the job. If they have already chosen the new person, they will pursue their goal. Try to negotiate if they can retain you as an advisor or in another capacity that frees you from the daily grind while maintaining a respectful relationship with the employer. This way, you will have the freedom to pursue your career with another employer or start your own business.
Kind regards,
[Your Name]
From India, New Delhi
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I am in agreement with Ms. (Cite Contribution). See this development as an opportunity and not a threat. Maybe it's a blessing in disguise. I also don't think taking legal action will be of any use. Even if you win, the confidence in management will be lost, and so will be the charm of the job. If they have already chosen the new person, they will pursue their goal. Try to negotiate if they can retain you as an advisor or in another capacity that frees you from the daily grind while maintaining a respectful relationship with the employer. This way, you will have the freedom to pursue your career with another employer or start your own business.
Kind regards,
[Your Name]
From India, New Delhi
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