Dear Team,
I was working with Star Health as BM, joined in Aug 2024, in Sep.2024 I have completed 100% target so eligible for incentive 1% i.e. 52K. In oct my Boss is demanding 50% incentive as bribe in cash i have denied the same so boss ( TM) has removed my team from as well TM & ZM aslo responsible to do not provide the conveyance as well harassing me, in this situation I have communicated to HO as well file police case for extortion ( enquiry is going on the application). HO has not enquired anything on it.
In this situation company has discharged me from the service as per appointment letter section 2 but I have not signed the appointment letter as well It is been given to me on 27th oct.
What will be the leagal action against employer I can take
From India, Pune
I was working with Star Health as BM, joined in Aug 2024, in Sep.2024 I have completed 100% target so eligible for incentive 1% i.e. 52K. In oct my Boss is demanding 50% incentive as bribe in cash i have denied the same so boss ( TM) has removed my team from as well TM & ZM aslo responsible to do not provide the conveyance as well harassing me, in this situation I have communicated to HO as well file police case for extortion ( enquiry is going on the application). HO has not enquired anything on it.
In this situation company has discharged me from the service as per appointment letter section 2 but I have not signed the appointment letter as well It is been given to me on 27th oct.
What will be the leagal action against employer I can take
From India, Pune
Since you have been working as branch head, you cannot get the protection of labour law (Industrial Disputes Act) but you can file a civil case for breach of contract, if any.
The absence of contract of employment or issue of the same on a latter date, may prove against you because being a person having control over the branch, itis expected that you will work with an organisation after having satisfied of the terms and conditions of employment only. If you were not given an appointment order, you should not have joined the company, and if joined, you should have escalated the matter at least before you got your first salary. In the case of a worker category employee, even if there is no appointment order, he can establish that he was employed in the establishment if he possesses documents like wage slip, muster roll etc, It is true that these documents will not say anything about service conditions but will serve as proof of employment. But in your case, it is not the service which will required to be established but the service conditions which says about the termination of employment during probation or confirmation etc that are important.
From India, Kannur
4249The absence of contract of employment or issue of the same on a latter date, may prove against you because being a person having control over the branch, itis expected that you will work with an organisation after having satisfied of the terms and conditions of employment only. If you were not given an appointment order, you should not have joined the company, and if joined, you should have escalated the matter at least before you got your first salary. In the case of a worker category employee, even if there is no appointment order, he can establish that he was employed in the establishment if he possesses documents like wage slip, muster roll etc, It is true that these documents will not say anything about service conditions but will serve as proof of employment. But in your case, it is not the service which will required to be established but the service conditions which says about the termination of employment during probation or confirmation etc that are important.
From India, Kannur
Thanks for the reply.
But how I can file civil case as there is no existence of contract and how company can exercise the sections of it if it is not agreed by me or signed.
2nd duties are not like Branch Manager.
How TM can give in writing that if you approach to senior it will not healthy for you.
From India, Pune
But how I can file civil case as there is no existence of contract and how company can exercise the sections of it if it is not agreed by me or signed.
2nd duties are not like Branch Manager.
How TM can give in writing that if you approach to senior it will not healthy for you.
From India, Pune
Who is TM? Use expended versions whenever you post in forums like this.
If you were not given the duties of a branch head/ manager like authority to approve leave of your subordinates, take independent decisions on matters connected with your portfolio operations, authority to initiate disciplinary action against your subordinates, appraise their performance etc, then you will fall under the category of workman under Industrial Disputes Act. If so, you can approach the Labour Officer.
If the appointment letter is not signed by you, it will be construed that you had failed to accept the offer. But if you have collected your salary, your non acceptance of appointment order will not stand. It is not fair to get salary without accepting the offer and conditions of service. Therefore, if you have accepted salary, it is established that you have accepted the employment.
I did not get what do you mean by "How TM can give in writing that if you approach to senior it will not healthy for you"
From India, Kannur
If you were not given the duties of a branch head/ manager like authority to approve leave of your subordinates, take independent decisions on matters connected with your portfolio operations, authority to initiate disciplinary action against your subordinates, appraise their performance etc, then you will fall under the category of workman under Industrial Disputes Act. If so, you can approach the Labour Officer.
If the appointment letter is not signed by you, it will be construed that you had failed to accept the offer. But if you have collected your salary, your non acceptance of appointment order will not stand. It is not fair to get salary without accepting the offer and conditions of service. Therefore, if you have accepted salary, it is established that you have accepted the employment.
I did not get what do you mean by "How TM can give in writing that if you approach to senior it will not healthy for you"
From India, Kannur
As a manager, you are not protected by labour laws
But if you can prove that the work you do is not of a manger but a normal worker, you can approach labour commissioner as you will be covered under industrial dispute act as well as standing orders.
But remember that 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 matter to IRDA. But remember that you will 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 many well known and reported shareholders like tata capital and ICICI.
From India, Mumbai
But if you can prove that the work you do is not of a manger but a normal worker, you can approach labour commissioner as you will be covered under industrial dispute act as well as standing orders.
But remember that 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 matter to IRDA. But remember that you will 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 many well known and reported shareholders like tata capital and ICICI.
From India, Mumbai
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 favour and the TM is actually stupid. You need to get a good lawyer or a NGO to support you and take this to the court
From India, Mumbai
From India, Mumbai
You need to search a new opportunity as already lost the job without delay. The challenging the issue is good but too difficult in our legal system to get justice in time. You can take legal remedy by consulting a lawyer, but think how long you can fight, how much you spent is a matter to decide before the case.
From India, Mumbai
From India, Mumbai
In the given facts, your termination is unsustainable in law or facts. Having worked and received salary contract of employment is implied; as such, 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
From India, Kochi
Thanks to all for valuable reply.
Seeking NGO help
Kindly provide any NGO reference or any union which will help me.
In in our country this kind of situation will impact our next generation currently we are either forced to work 12 hrs or more than it somewhere we lost our family life.
From India, Pune
Seeking NGO help
Kindly provide any NGO reference or any union which will help me.
In in our country this kind of situation will impact our next generation currently we are either forced to work 12 hrs or more than it somewhere we lost our family life.
From India, Pune
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