I was working as Vice President in a Private sector company of repute and faced suspension since May-12 due to some issue happened in one of the branch office under my jurisdiction. Concern officials of the said branch also put under suspension
Company initiated domestic inquiry proceedings in June-12 after issuance of a charge sheet.
Last hearing happened in June-13 wherein I requested Inquiry officer to direct company to produce evidences and witnesses if any against me to support the charges levied by the company in the charge sheet
In the month of Sept-13 I was furnished a photocopy of the communication of Inquiry Officer addressed to the company that relying on company communication wherein company had requested to drop inquiry against me, he has dropped the proceedings with immediate effect
Within few days after, company issued me another communication wherein it was communicated that as per my terms of appointment, either employee can leave the company by giving stipulated time notice or company can also terminate the services by giving the notice period, accordingly company is hereby terminating my services and I shall be entitled to the notice period salary and other benefits as per the company policy. Company had not mentioned anything about suspension or dropping of inquiry etc.
I wish to seek clarification from the forum :-
a) Is any legal remedy available for me to force company to reinstate me
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
Please help - Anonymous
From India, New Delhi
Company initiated domestic inquiry proceedings in June-12 after issuance of a charge sheet.
Last hearing happened in June-13 wherein I requested Inquiry officer to direct company to produce evidences and witnesses if any against me to support the charges levied by the company in the charge sheet
In the month of Sept-13 I was furnished a photocopy of the communication of Inquiry Officer addressed to the company that relying on company communication wherein company had requested to drop inquiry against me, he has dropped the proceedings with immediate effect
Within few days after, company issued me another communication wherein it was communicated that as per my terms of appointment, either employee can leave the company by giving stipulated time notice or company can also terminate the services by giving the notice period, accordingly company is hereby terminating my services and I shall be entitled to the notice period salary and other benefits as per the company policy. Company had not mentioned anything about suspension or dropping of inquiry etc.
I wish to seek clarification from the forum :-
a) Is any legal remedy available for me to force company to reinstate me
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
Please help - Anonymous
From India, New Delhi
Dear friend,
What has happened with you is quite unfortunate. Take it as accident of your career and move on. Nevertheless, please keep it in mind that revisiting the place of accident does not reduce one's pain. Please check my replies to your questions in italics:
a) Is any legal remedy available for me to force company to reinstate me
After dropping the charges against you, the company has removed you. For this removal, they are abiding with the terms of your employment. Therefore, on what grounds you will ask for your reinstatement? Secondly, there must be bad blood with the authorities. Will it be possible for you to work under such uncongenial environment?
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
Have you asked them the relieving letter? Have you spoken to HR? What they say?
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
Since domestic enquiry was not conducted, yours is not termination per se. Why you feel that company will issue experience letter with "terminated" remarks? Why are you tilting at the windmill?
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
With the ongoing slump in the economy, removal from the job is order of the day. My friend who was VP at very big construction company, has been removed. Now he is jobless. You can explain your future employers accordingly. Why to speak of enquiry and then dropping of charges etc? In the job interview, exude the confidence. Do not show that you are "needy" for the job.
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
Since the charges against you have been dropped, there is no point in seeing the proceedings of the enquiry. That chapter is closed. Open a new chapter in your career or life.
Everybody sails through the rough weather for some time in the life. This is your time now. Maintain your composure, self-assurance. Improve your knowledge base in this interregnum. Find out how this knowledge can be converted into the skill.
All the best!
Dinesh V Divekar
From India, Bangalore
7883What has happened with you is quite unfortunate. Take it as accident of your career and move on. Nevertheless, please keep it in mind that revisiting the place of accident does not reduce one's pain. Please check my replies to your questions in italics:
a) Is any legal remedy available for me to force company to reinstate me
After dropping the charges against you, the company has removed you. For this removal, they are abiding with the terms of your employment. Therefore, on what grounds you will ask for your reinstatement? Secondly, there must be bad blood with the authorities. Will it be possible for you to work under such uncongenial environment?
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
Have you asked them the relieving letter? Have you spoken to HR? What they say?
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
Since domestic enquiry was not conducted, yours is not termination per se. Why you feel that company will issue experience letter with "terminated" remarks? Why are you tilting at the windmill?
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
With the ongoing slump in the economy, removal from the job is order of the day. My friend who was VP at very big construction company, has been removed. Now he is jobless. You can explain your future employers accordingly. Why to speak of enquiry and then dropping of charges etc? In the job interview, exude the confidence. Do not show that you are "needy" for the job.
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
Since the charges against you have been dropped, there is no point in seeing the proceedings of the enquiry. That chapter is closed. Open a new chapter in your career or life.
Everybody sails through the rough weather for some time in the life. This is your time now. Maintain your composure, self-assurance. Improve your knowledge base in this interregnum. Find out how this knowledge can be converted into the skill.
All the best!
Dinesh V Divekar
From India, Bangalore
I fully endorsed the views of Mr. Dinesh Divekar.
He has addressed the queries sufficiently and covered all points.
I especially liked the following comments :
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
Since domestic enquiry was not conducted, yours is not termination per se. Why you feel that company will issue experience letter with "terminated" remarks? Why are you tilting at the windmill?
Unless otherwise specified or asked specifically; there is no need to "tilt at the windmill".
Warm regards.
From India, Delhi
He has addressed the queries sufficiently and covered all points.
I especially liked the following comments :
c) Even if company issued me an experience letter and states that my services were terminated without amy reason then how difficult will be to get another job
Since domestic enquiry was not conducted, yours is not termination per se. Why you feel that company will issue experience letter with "terminated" remarks? Why are you tilting at the windmill?
Unless otherwise specified or asked specifically; there is no need to "tilt at the windmill".
Warm regards.
From India, Delhi
Hello,
Let me please share my understanding of the matter. As I see it:
1) You were a VP whether in charge of the branch or not. It is safer to infer that you are NOT a workman under the Industrial Disputes Act 1947 and the Industrial Employment (Standing Orders) Act 1946 also is NOT applicable to you.
2) You are therefore governed by the "contract of employment" alone and at best at Civil Law (Indian Contracts Act. Your remedies will lie within these.
3) It seems, your employer instituted a Domestic Inquiry against you when there was no need-legally speaking. This could be out of ignorance or out of a vicious motive to malign you! Later when your employer realized (or was informed by his Advisers) that there was no necessity to take the Domestic Inquiry route in your case as you are NOT a "workman" under law and easy remedy was open to resort to a simple termination. To bring this about they had to somehow close the Inquiry proceedings and only then could they have taken recourse to simple termination.
Having said this I will respond to specific issues raised by you. Please see the in line comments:
"a) Is any legal remedy available for me to force company to reinstate me.
If you are NOT a workman under Industrial Disputes Act 1947 then you have NO remedy in the labour law domain to seek reinstatement. At Civil law you may get "compensation" but not "reinstatement".
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
Evidently the company is acting vindictively and you only can appeal to their conscience and for that you may have to go right up to the Board level and make suitable representations. Beyond your choices to secure "relieving letter". Frankly it NOT a legal requirement. If the receiving organization does not insist on your relieving letter, they may accept knowing that you do not have such a letter. So on that count start building a good and convincing case to present (without blaming as such the past employer/s as it is likely that the new employer may not feel comfortable to see the criticism (even if he is convinced it is true and justified.
c) Even if company issued me an experience letter and states that my services were terminated without any reason then how difficult will be to get another job
Kindly read the comments above. An Experience Letter is better than having no relieving letter. Again good and convincing case, if well presented, you may still get your next employment.
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
Apart from the facts of your case the material fact is that the employer having started an Enquiry against you, dropped it half way and denied you a chance to prove the charges to be false or to prove your innocence. This use of brute authority is one of the major indications that the employers actions were ill motivated.!
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
I doubt if he will oblige since he was appointed by the company and is answerable only to the company. Then the job of an inquiry stops at declaring the accused to be guilty or innocent of charges leveled. In your case the inquiry did not go the evidence stage and was dropped without completion. Therefore his making any statement that would support your case seems unlikely. Finally why should the new employer trust this inquiry officer at all?"
I have tried to present an objective analysis of the facts shared by you. Feel free to ask more questions if you wish to!
Regards
samvedan
October 12, 2013
---------------------------
attribution https://www.citehr.com/473124-premat...#ixzz2hWi2HluX
From India, Pune
Let me please share my understanding of the matter. As I see it:
1) You were a VP whether in charge of the branch or not. It is safer to infer that you are NOT a workman under the Industrial Disputes Act 1947 and the Industrial Employment (Standing Orders) Act 1946 also is NOT applicable to you.
2) You are therefore governed by the "contract of employment" alone and at best at Civil Law (Indian Contracts Act. Your remedies will lie within these.
3) It seems, your employer instituted a Domestic Inquiry against you when there was no need-legally speaking. This could be out of ignorance or out of a vicious motive to malign you! Later when your employer realized (or was informed by his Advisers) that there was no necessity to take the Domestic Inquiry route in your case as you are NOT a "workman" under law and easy remedy was open to resort to a simple termination. To bring this about they had to somehow close the Inquiry proceedings and only then could they have taken recourse to simple termination.
Having said this I will respond to specific issues raised by you. Please see the in line comments:
"a) Is any legal remedy available for me to force company to reinstate me.
If you are NOT a workman under Industrial Disputes Act 1947 then you have NO remedy in the labour law domain to seek reinstatement. At Civil law you may get "compensation" but not "reinstatement".
b) Since company has not given me any relieving letter, it will be very difficult for me to get another job
Evidently the company is acting vindictively and you only can appeal to their conscience and for that you may have to go right up to the Board level and make suitable representations. Beyond your choices to secure "relieving letter". Frankly it NOT a legal requirement. If the receiving organization does not insist on your relieving letter, they may accept knowing that you do not have such a letter. So on that count start building a good and convincing case to present (without blaming as such the past employer/s as it is likely that the new employer may not feel comfortable to see the criticism (even if he is convinced it is true and justified.
c) Even if company issued me an experience letter and states that my services were terminated without any reason then how difficult will be to get another job
Kindly read the comments above. An Experience Letter is better than having no relieving letter. Again good and convincing case, if well presented, you may still get your next employment.
d) In the given scenario how to convince new employer that I was totally innocent and I was issued charges without any reason or my involvement
Apart from the facts of your case the material fact is that the employer having started an Enquiry against you, dropped it half way and denied you a chance to prove the charges to be false or to prove your innocence. This use of brute authority is one of the major indications that the employers actions were ill motivated.!
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/ or judgement in this matter clearly mentioning that since company did not have any evidence against me accordingly proceedings got dropped.
I doubt if he will oblige since he was appointed by the company and is answerable only to the company. Then the job of an inquiry stops at declaring the accused to be guilty or innocent of charges leveled. In your case the inquiry did not go the evidence stage and was dropped without completion. Therefore his making any statement that would support your case seems unlikely. Finally why should the new employer trust this inquiry officer at all?"
I have tried to present an objective analysis of the facts shared by you. Feel free to ask more questions if you wish to!
Regards
samvedan
October 12, 2013
---------------------------
attribution https://www.citehr.com/473124-premat...#ixzz2hWi2HluX
From India, Pune
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