I was working as Vice President in a private sector company of repute and faced suspension since May-12 due to some issue that happened in one of the branch offices under my jurisdiction. Concerned officials of the said branch were also put under suspension.
The company initiated domestic inquiry proceedings in June-12 after the issuance of a charge sheet.
The last hearing happened in June-13 wherein I requested the Inquiry Officer to direct the company to produce evidence 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 the Inquiry Officer addressed to the company. The Inquiry Officer relied on company communication wherein the company had requested to drop the inquiry against me. Consequently, he dropped the proceedings with immediate effect.
Within a few days after, the company issued me another communication wherein it was stated that as per my terms of appointment, either the employee can leave the company by giving stipulated notice or the company can terminate the services by giving the notice period. Accordingly, the company is hereby terminating my services, and I shall be entitled to the notice period salary and other benefits as per the company policy. The company did not mention anything about the suspension or dropping of the inquiry, etc.
I wish to seek clarification from the forum:
a) Is any legal remedy available for me to force the company to reinstate me?
b) Since the company has not given me any relieving letter, it will be very difficult for me to get another job.
c) Even if the company issued me an experience letter and stated that my services were terminated without any reason, how difficult will it be to get another job?
d) In the given scenario, how can I convince a new employer that I was totally innocent and that I was issued charges without any reason or involvement?
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/or judgment in this matter clearly mentioning that since the company did not have any evidence against me, the proceedings were dropped.
Please help - Anonymous
From India, New Delhi
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The company initiated domestic inquiry proceedings in June-12 after the issuance of a charge sheet.
The last hearing happened in June-13 wherein I requested the Inquiry Officer to direct the company to produce evidence 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 the Inquiry Officer addressed to the company. The Inquiry Officer relied on company communication wherein the company had requested to drop the inquiry against me. Consequently, he dropped the proceedings with immediate effect.
Within a few days after, the company issued me another communication wherein it was stated that as per my terms of appointment, either the employee can leave the company by giving stipulated notice or the company can terminate the services by giving the notice period. Accordingly, the company is hereby terminating my services, and I shall be entitled to the notice period salary and other benefits as per the company policy. The company did not mention anything about the suspension or dropping of the inquiry, etc.
I wish to seek clarification from the forum:
a) Is any legal remedy available for me to force the company to reinstate me?
b) Since the company has not given me any relieving letter, it will be very difficult for me to get another job.
c) Even if the company issued me an experience letter and stated that my services were terminated without any reason, how difficult will it be to get another job?
d) In the given scenario, how can I convince a new employer that I was totally innocent and that I was issued charges without any reason or involvement?
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/or judgment in this matter clearly mentioning that since the company did not have any evidence against me, the proceedings were dropped.
Please help - Anonymous
From India, New Delhi
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Dear friend,
What has happened with you is quite unfortunate. Take it as an accident in your career and move on. Nevertheless, please keep in mind that revisiting the place of the 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 the company to reinstate me?
*After dropping the charges against you, the company has removed you. For this removal, they are abiding by the terms of your employment. Therefore, on what grounds will you ask for your reinstatement? Secondly, there must be bad blood with the authorities. Will it be possible for you to work in such an uncongenial environment?*
b) Since the company has not given me any relieving letter, it will be very difficult for me to get another job.
*Have you asked them for the relieving letter? Have you spoken to HR? What did they say?*
c) Even if the company issued me an experience letter and states that my services were terminated without any reason, how difficult will it be to get another job?
*Since a domestic enquiry was not conducted, yours is not a termination per se. Why do you feel that the company will issue an experience letter with "terminated" remarks? Why are you tilting at windmills?*
d) In the given scenario, how can I convince a new employer that I was totally innocent and that I was issued charges without any reason or involvement?
*With the ongoing slump in the economy, removal from the job is the order of the day. My friend, who was a VP at a very big construction company, has been removed. Now he is jobless. You can explain your situation to your future employers accordingly. Why speak of an enquiry and then dropping of charges, etc.? In the job interview, exude 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 judgment in this matter clearly mentioning that since the company did not have any evidence against me, accordingly proceedings were 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 rough weather for some time in life. This is your time now. Maintain your composure and self-assurance. Improve your knowledge base during this interregnum. Find out how this knowledge can be converted into a skill.
All the best!
Dinesh V Divekar
From India, Bangalore
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8227What has happened with you is quite unfortunate. Take it as an accident in your career and move on. Nevertheless, please keep in mind that revisiting the place of the 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 the company to reinstate me?
*After dropping the charges against you, the company has removed you. For this removal, they are abiding by the terms of your employment. Therefore, on what grounds will you ask for your reinstatement? Secondly, there must be bad blood with the authorities. Will it be possible for you to work in such an uncongenial environment?*
b) Since the company has not given me any relieving letter, it will be very difficult for me to get another job.
*Have you asked them for the relieving letter? Have you spoken to HR? What did they say?*
c) Even if the company issued me an experience letter and states that my services were terminated without any reason, how difficult will it be to get another job?
*Since a domestic enquiry was not conducted, yours is not a termination per se. Why do you feel that the company will issue an experience letter with "terminated" remarks? Why are you tilting at windmills?*
d) In the given scenario, how can I convince a new employer that I was totally innocent and that I was issued charges without any reason or involvement?
*With the ongoing slump in the economy, removal from the job is the order of the day. My friend, who was a VP at a very big construction company, has been removed. Now he is jobless. You can explain your situation to your future employers accordingly. Why speak of an enquiry and then dropping of charges, etc.? In the job interview, exude 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 judgment in this matter clearly mentioning that since the company did not have any evidence against me, accordingly proceedings were 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 rough weather for some time in life. This is your time now. Maintain your composure and self-assurance. Improve your knowledge base during this interregnum. Find out how this knowledge can be converted into a skill.
All the best!
Dinesh V Divekar
From India, Bangalore
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I fully endorse the views of Mr. Dinesh Divekar. He has addressed the queries sufficiently and covered all points. I especially liked the following comments:
Even if the company issued me an experience letter and states that my services were terminated without any reason, then how difficult will it be to get another job? Since a domestic enquiry was not conducted, yours is not termination per se. Why do you feel that the company will issue an experience letter with "terminated" remarks? Why are you tilting at windmills? Unless otherwise specified or asked specifically, there is no need to "tilt at windmills."
Warm regards.
From India, Delhi
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Even if the company issued me an experience letter and states that my services were terminated without any reason, then how difficult will it be to get another job? Since a domestic enquiry was not conducted, yours is not termination per se. Why do you feel that the company will issue an experience letter with "terminated" remarks? Why are you tilting at windmills? Unless otherwise specified or asked specifically, there is no need to "tilt at windmills."
Warm regards.
From India, Delhi
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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 is also NOT applicable to you.
2) You are therefore governed by the "contract of employment" alone and at best by 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 legal need. This could be out of ignorance or a malicious 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 the law, an easy remedy was open to resort to 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 the company to reinstate me?
If you are NOT a workman under the Industrial Disputes Act 1947, then you have NO remedy in the labor law domain to seek reinstatement. In Civil law, you may get "compensation" but not "reinstatement."
b) Since the 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. For that, you may have to go right up to the Board level and make suitable representations. Beyond your choices to secure a "relieving letter." Frankly, it is 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 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 the company issued me an experience letter and states that my services were terminated without any reason, then how difficult will it be to get another job?
Kindly read the comments above. An Experience Letter is better than having no relieving letter. Again, a good and convincing case, if well presented, you may still get your next employment.
d) In the given scenario, how to convince the 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 Inquiry against you, dropped it halfway 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 employer's actions were ill-motivated.
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/or judgment in this matter, clearly mentioning that since the 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 to 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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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 is also NOT applicable to you.
2) You are therefore governed by the "contract of employment" alone and at best by 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 legal need. This could be out of ignorance or a malicious 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 the law, an easy remedy was open to resort to 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 the company to reinstate me?
If you are NOT a workman under the Industrial Disputes Act 1947, then you have NO remedy in the labor law domain to seek reinstatement. In Civil law, you may get "compensation" but not "reinstatement."
b) Since the 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. For that, you may have to go right up to the Board level and make suitable representations. Beyond your choices to secure a "relieving letter." Frankly, it is 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 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 the company issued me an experience letter and states that my services were terminated without any reason, then how difficult will it be to get another job?
Kindly read the comments above. An Experience Letter is better than having no relieving letter. Again, a good and convincing case, if well presented, you may still get your next employment.
d) In the given scenario, how to convince the 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 Inquiry against you, dropped it halfway 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 employer's actions were ill-motivated.
e) Can I insist the inquiry officer (He is an independent person) to issue me his final verdict and/or judgment in this matter, clearly mentioning that since the 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 to 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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