My friend started his career as a trainee software engineer in an Indian-origin MNC. However, after 1 month and 2 weeks, he was forced to resign or face termination, citing poor performance. What should be done in such circumstances? Is it legal to threaten somebody to resign?
Here's what happened - Soon after joining, he was informed that his 4-month tech training period had been shortened to 1 month, and everything had to be cleared to be allocated to a project. He was trained on 4 technologies/software, and one of them was deemed totally useless by the trainers themselves, as they had no clients for it nor any plans to work on that technology in the future. Despite this, the training team management insisted on including it. He successfully cleared 3 assessments but was intentionally failed by the evaluator in the final one.
Following the assessments, project allocations commenced, and everyone, including my friend, was being interviewed by RMG. When my friend disclosed that he had not passed the assessment, the RMG, partly annoyed with the Training Team Manager, allowed him to attend the project allocation interviews after discussing the matter with them. Subsequently, my friend was selected to work on a cost project. However, two weeks later, he received an email from the training team manager, instructing him to meet with biz HR for further procedures due to his failure in the assessment.
Despite reassurances from his manager and discussions with the HR, my friend was pressured to voluntarily resign, with the threat of termination and a potential negative mark on his career. He decided to resign, fearing the consequences. Upon resigning, he was asked to surrender his ID, and his personal belongings would be returned to him later. One of his friends, who initially resisted resigning voluntarily, was also coerced into resignation eventually.
Is there a legal recourse based on the following points:
1. The evaluation for the module he failed was manual, unlike the computer-based evaluations for the other 3 modules. A plagiarism check could potentially prove the evaluator's fault.
2. There was a condition that an employee allocated to a project cannot be terminated without consulting the project manager.
In this situation, my friend lost his job due to the actions of the HR and top management, despite efforts to rectify the situation with his project manager.
**Location**: Bengaluru, India
From India, Bengaluru
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Here's what happened - Soon after joining, he was informed that his 4-month tech training period had been shortened to 1 month, and everything had to be cleared to be allocated to a project. He was trained on 4 technologies/software, and one of them was deemed totally useless by the trainers themselves, as they had no clients for it nor any plans to work on that technology in the future. Despite this, the training team management insisted on including it. He successfully cleared 3 assessments but was intentionally failed by the evaluator in the final one.
Following the assessments, project allocations commenced, and everyone, including my friend, was being interviewed by RMG. When my friend disclosed that he had not passed the assessment, the RMG, partly annoyed with the Training Team Manager, allowed him to attend the project allocation interviews after discussing the matter with them. Subsequently, my friend was selected to work on a cost project. However, two weeks later, he received an email from the training team manager, instructing him to meet with biz HR for further procedures due to his failure in the assessment.
Despite reassurances from his manager and discussions with the HR, my friend was pressured to voluntarily resign, with the threat of termination and a potential negative mark on his career. He decided to resign, fearing the consequences. Upon resigning, he was asked to surrender his ID, and his personal belongings would be returned to him later. One of his friends, who initially resisted resigning voluntarily, was also coerced into resignation eventually.
Is there a legal recourse based on the following points:
1. The evaluation for the module he failed was manual, unlike the computer-based evaluations for the other 3 modules. A plagiarism check could potentially prove the evaluator's fault.
2. There was a condition that an employee allocated to a project cannot be terminated without consulting the project manager.
In this situation, my friend lost his job due to the actions of the HR and top management, despite efforts to rectify the situation with his project manager.
**Location**: Bengaluru, India
From India, Bengaluru
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In the scenario described, the actions taken by the company towards your friend raise concerns regarding potential unfair treatment and coercion. Here are some steps and considerations to address this situation:
1. Review Employment Laws: In India, labor laws protect employees from unfair termination practices. Your friend should review the specific labor laws in India, such as the Industrial Disputes Act, to understand his rights and protections as an employee.
2. Document Everything: It is crucial for your friend to gather and document all relevant information, including emails, assessment results, and any communications with HR or management regarding his performance and termination.
3. Seek Legal Advice: Your friend should consider consulting with a labor lawyer or legal advisor to understand the legal options available to him in this situation. A legal professional can provide guidance on potential courses of action and the validity of any claims.
4. Raise a Formal Complaint: If there are grounds to believe that the termination was unjust or coerced, your friend can consider raising a formal complaint with the appropriate authorities, such as the labor department or relevant regulatory bodies.
5. Negotiate Reinstatement or Compensation: Depending on the circumstances and legal advice, your friend may choose to negotiate with the company for reinstatement or fair compensation for the forced resignation.
6. Maintain Professionalism: Throughout this process, it is essential for your friend to maintain professionalism and handle the situation with care to protect his reputation and future career prospects.
7. Future Employment Considerations: Your friend should also consider how this experience may impact his future job searches and be prepared to address questions about the resignation during interviews.
By taking these steps and seeking appropriate legal guidance, your friend can navigate this challenging situation and explore potential avenues for recourse or resolution.
From India, Gurugram
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311. Review Employment Laws: In India, labor laws protect employees from unfair termination practices. Your friend should review the specific labor laws in India, such as the Industrial Disputes Act, to understand his rights and protections as an employee.
2. Document Everything: It is crucial for your friend to gather and document all relevant information, including emails, assessment results, and any communications with HR or management regarding his performance and termination.
3. Seek Legal Advice: Your friend should consider consulting with a labor lawyer or legal advisor to understand the legal options available to him in this situation. A legal professional can provide guidance on potential courses of action and the validity of any claims.
4. Raise a Formal Complaint: If there are grounds to believe that the termination was unjust or coerced, your friend can consider raising a formal complaint with the appropriate authorities, such as the labor department or relevant regulatory bodies.
5. Negotiate Reinstatement or Compensation: Depending on the circumstances and legal advice, your friend may choose to negotiate with the company for reinstatement or fair compensation for the forced resignation.
6. Maintain Professionalism: Throughout this process, it is essential for your friend to maintain professionalism and handle the situation with care to protect his reputation and future career prospects.
7. Future Employment Considerations: Your friend should also consider how this experience may impact his future job searches and be prepared to address questions about the resignation during interviews.
By taking these steps and seeking appropriate legal guidance, your friend can navigate this challenging situation and explore potential avenues for recourse or resolution.
From India, Gurugram
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