Dear Team,
I was working with Star Health as BM, joined in Aug 2024. In Sep 2024, I completed 100% of my target and became eligible for a 1% incentive, i.e., 52K. In Oct, my boss demanded 50% of the incentive as a bribe in cash. I refused, and as a result, my boss (TM) removed my team. The TM and ZM are also responsible for not providing conveyance and harassing me. I communicated this situation to the HO and filed a police case for extortion (an enquiry is ongoing).
Despite this, the HO has not taken any action. The company discharged me from service citing Section 2 of the appointment letter, even though I did not sign the appointment letter, which was given to me on 27th Oct.
What legal actions can I take against the employer?
From India, Pune
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I was working with Star Health as BM, joined in Aug 2024. In Sep 2024, I completed 100% of my target and became eligible for a 1% incentive, i.e., 52K. In Oct, my boss demanded 50% of the incentive as a bribe in cash. I refused, and as a result, my boss (TM) removed my team. The TM and ZM are also responsible for not providing conveyance and harassing me. I communicated this situation to the HO and filed a police case for extortion (an enquiry is ongoing).
Despite this, the HO has not taken any action. The company discharged me from service citing Section 2 of the appointment letter, even though I did not sign the appointment letter, which was given to me on 27th Oct.
What legal actions can I take against the employer?
From India, Pune
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Since you have been working as a branch head, you cannot get the protection of labor law (Industrial Disputes Act), but you can file a civil case for breach of contract, if any.
The absence of a contract of employment or the issuance of the same at a later date may work against you. As a person in control of the branch, it is expected that you will work with an organization only after being satisfied with the terms and conditions of employment. If you were not provided with an appointment order, you should not have joined the company. If you did join, you should have raised the issue before receiving your first salary. In the case of a worker-category employee, even without an appointment order, they can establish employment in the establishment by possessing documents like wage slips, muster rolls, etc. These documents may not detail service conditions but can serve as proof of employment. In your case, it is not just the service that needs to be established, but also the service conditions that determine aspects like termination of employment during probation or confirmation, which are crucial.
From India, Kannur
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4771The absence of a contract of employment or the issuance of the same at a later date may work against you. As a person in control of the branch, it is expected that you will work with an organization only after being satisfied with the terms and conditions of employment. If you were not provided with an appointment order, you should not have joined the company. If you did join, you should have raised the issue before receiving your first salary. In the case of a worker-category employee, even without an appointment order, they can establish employment in the establishment by possessing documents like wage slips, muster rolls, etc. These documents may not detail service conditions but can serve as proof of employment. In your case, it is not just the service that needs to be established, but also the service conditions that determine aspects like termination of employment during probation or confirmation, which are crucial.
From India, Kannur
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Thanks for the reply. But how can I file a civil case when there is no existence of a contract? How can the company exercise the sections of it if it has not been agreed upon or signed?
Secondly, duties are not similar to that of a Branch Manager.
How can the Team Manager provide in writing that if you approach a senior, it will not be healthy for you?
From India, Pune
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Secondly, duties are not similar to that of a Branch Manager.
How can the Team Manager provide in writing that if you approach a senior, it will not be healthy for you?
From India, Pune
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Who is TM? Use expanded versions whenever you post in forums like this.
If you were not given the duties of a branch head/manager, such as authority to approve leave for your subordinates, make independent decisions on matters related to your portfolio operations, authority to initiate disciplinary action against your subordinates, appraise their performance, etc., then you will fall under the category of a workman under the Industrial Disputes Act. If so, you can approach the Labor Officer.
If the appointment letter is not signed by you, it will be construed that you have failed to accept the offer. However, if you have collected your salary, your non-acceptance of the appointment order will not stand. It is not fair to receive a salary without accepting the offer and conditions of service. Therefore, if you have accepted the salary, it is established that you have accepted the employment.
I did not understand what you mean by "How can TM give in writing that if you approach a senior, it will not be healthy for you."
From India, Kannur
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If you were not given the duties of a branch head/manager, such as authority to approve leave for your subordinates, make independent decisions on matters related to your portfolio operations, authority to initiate disciplinary action against your subordinates, appraise their performance, etc., then you will fall under the category of a workman under the Industrial Disputes Act. If so, you can approach the Labor Officer.
If the appointment letter is not signed by you, it will be construed that you have failed to accept the offer. However, if you have collected your salary, your non-acceptance of the appointment order will not stand. It is not fair to receive a salary without accepting the offer and conditions of service. Therefore, if you have accepted the salary, it is established that you have accepted the employment.
I did not understand what you mean by "How can TM give in writing that if you approach a senior, it will not be healthy for you."
From India, Kannur
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As a manager, you are not protected by labor laws. However, if you can prove that the work you do is not that of a manager but of a normal worker, you can approach the labor commissioner as you will be covered under the Industrial Dispute Act as well as Standing Orders.
But remember that the legal process is expensive.
On the other hand, you can take up the matter with the company's grievance cell, whistleblower cell, and report the issue to IRDA. But keep in mind that you may end up being blacklisted by the industry as no one wants to employ someone who has filed a case against the company.
You can also report the matters to the major shareholders and directors as the company is owned by well-known and reported shareholders like Tata Capital and ICICI.
From India, Mumbai
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But remember that the legal process is expensive.
On the other hand, you can take up the matter with the company's grievance cell, whistleblower cell, and report the issue to IRDA. But keep in mind that you may end up being blacklisted by the industry as no one wants to employ someone who has filed a case against the company.
You can also report the matters to the major shareholders and directors as the company is owned by well-known and reported shareholders like Tata Capital and ICICI.
From India, Mumbai
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Incidentally, if the Territory Manager is stupid enough to give in writing that you will be removed if you escalate, then it is in your favor, and the TM is actually stupid. You need to get a good lawyer or an NGO to support you and take this to court.
From India, Mumbai
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From India, Mumbai
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You need to search for a new opportunity as you have already lost your job. Acting without delay is crucial. Facing challenging issues is commendable, but obtaining timely justice in our legal system can be too difficult. Consulting a lawyer for legal remedies is an option, but consider how long you are willing to fight and how much you are willing to spend. These are crucial factors to decide before pursuing the case.
From India, Mumbai
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From India, Mumbai
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In the given facts, your termination is unsustainable in law or facts. Having worked and received a salary under the contract of employment is implied; therefore, the appointment letter is of no consequence.
By the way, what is the implication of the condition (not section) that enables the employer to remove you from service without following the due process?
From India, Kochi
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By the way, what is the implication of the condition (not section) that enables the employer to remove you from service without following the due process?
From India, Kochi
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Thanks to all for the valuable replies.
Seeking NGO help. Kindly provide any NGO references or any union that will help me.
In our country, this kind of situation will impact our next generation. Currently, we are either forced to work 12 hours or more, and somewhere along the line, we lost our family life.
From India, Pune
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Seeking NGO help. Kindly provide any NGO references or any union that will help me.
In our country, this kind of situation will impact our next generation. Currently, we are either forced to work 12 hours or more, and somewhere along the line, we lost our family life.
From India, Pune
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