I was terminated couple days ago, by virtue of 'Redundancy' and need some advice if this is a wrongful termination.
Experience in the company is one year
Some background info:
For the past 6 month the relationship between me and my manager soured.
Which lead to a lot a mental harassment,including verbal assaults like ' you are useless', 'you are good for nothing' over the course of the last 3-4 months.
A month ago I was called for a meeting with HR and was told my position is at risk. And 2 weeks later told that I was being made redundant and now I am out of the company premises on 'displacement leave' for the next 3 months. Informally my manager told me that 'We had to take this step because of your performance' and if I was given a bad rating it would lead to a 'PIP' performance improvement plan (this conversation is off the record). So basically they he got rid of me by saying my position has become redundant, instead of a PIP where he would not be able to prove bad performance (my appraisal rating was 'good')
Some questions:
Is this kind of termination legal, can I contest it, if so how ?
Under which law is this scenario governed ?
Are there any employee 'cells' / trade unions/organizations that could help me out ?
Thanks
From India, Mumbai
Experience in the company is one year
Some background info:
For the past 6 month the relationship between me and my manager soured.
Which lead to a lot a mental harassment,including verbal assaults like ' you are useless', 'you are good for nothing' over the course of the last 3-4 months.
A month ago I was called for a meeting with HR and was told my position is at risk. And 2 weeks later told that I was being made redundant and now I am out of the company premises on 'displacement leave' for the next 3 months. Informally my manager told me that 'We had to take this step because of your performance' and if I was given a bad rating it would lead to a 'PIP' performance improvement plan (this conversation is off the record). So basically they he got rid of me by saying my position has become redundant, instead of a PIP where he would not be able to prove bad performance (my appraisal rating was 'good')
Some questions:
Is this kind of termination legal, can I contest it, if so how ?
Under which law is this scenario governed ?
Are there any employee 'cells' / trade unions/organizations that could help me out ?
Thanks
From India, Mumbai
are you under probation or confirmed employee? If you are under probation, employer can send you out on the basis of performance.
From India, Chennai
148From India, Chennai
Confirmed.Been with the company for a year. Also can I file a RTI for the redundancy process? I read a RTI can be filed against a private institution as well
From India, Mumbai
From India, Mumbai
Confirmed, been with the company for some time now. Also can I not file an RTI for the redundancy procedure ?
From India, Mumbai
From India, Mumbai
Since you seemed to have worked in Mumbai, you are governed by Bombay Shops and Establishment Act. If possible describe nature of duties performed by you. However, under section 66 the employer should have given you notice of one month. If it is not given it is illegal termination and can be challenged before authorities under the Act. RTI will not apply directly to private institution but information which can be obtained by a public authority from a private institution under this Act, can be accessed by an applicant through such public authority.(see section 2 definition of information)
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Because the start of the employment relationship is based on the agreement of both parties, the usually employment relationship must be based on the agreements and must break with mutually agreed termination. If the parties can not agree, then he has the right to represent himself or be represented unions to submit litigation. Each state has a path for dispute settlement due to termination of employment.
From Indonesia, Jakarta
From Indonesia, Jakarta
I work within Operations, mainly performing a reconciliation of accounts. I do not have anyone reporting to me.
From India, Mumbai
From India, Mumbai
In view of your nature of duties you are treated to be a workman within the definition of Industrial Disputes Act despite you held designation of Manager. You are having protection of ID Act. Thus without paying you retrenchment compensation etc the termination is illegal.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
They have agreed to pay it at the end of my displacement leave. My concern is I was not told about the redundancy procedure. Can I request the company for the procedure to declare someone redundant or file an RTI for it
From India, Mumbai
From India, Mumbai
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