Hi,
I am employed with an international bpo of very high repute as an operations manager from last 9 yrs with an outstanding performance record throughout, 2 months back the delivery head issued a forced showcause notice alligating for non compliance restricted my excess to the production floor and ceased my assigned computor by force,harasing insulting,and passing communal comment escorting me out of the builing refusing to give anything in writing , I escalated the injustice to the top management including the chairman on which I was told that an enquiry will be done & I will e updated till then I am not required to come to office however salary will be paid now 2 days back GM-HR calls saying that the company wants me to move on in life by resigning with another month of salary. Please advice with legal perspective.
Regards
A R K
From India, Ghaziabad
I am employed with an international bpo of very high repute as an operations manager from last 9 yrs with an outstanding performance record throughout, 2 months back the delivery head issued a forced showcause notice alligating for non compliance restricted my excess to the production floor and ceased my assigned computor by force,harasing insulting,and passing communal comment escorting me out of the builing refusing to give anything in writing , I escalated the injustice to the top management including the chairman on which I was told that an enquiry will be done & I will e updated till then I am not required to come to office however salary will be paid now 2 days back GM-HR calls saying that the company wants me to move on in life by resigning with another month of salary. Please advice with legal perspective.
Regards
A R K
From India, Ghaziabad
If they have charged u with show cause notice, means you are given time to clarify the charges against you, within a specific time, or else it would be deemed that you have admitted ur guilt, n require no more probe into the matter...read the show cause notice carefully once....if they haven't mentioned any proper time , then you can fight against it, according to natural justice, u shud be given chance to clarify yourself..
From India, Calcutta
112From India, Calcutta
Hi Soumik Sir,
Thanks for your suggestion, I did replayed the showcause within the given time clarifying clearly that the alligation is not a non compliance but discharge of my duty.
Request you to suggest weather I should go legal as they are refusing to give any thing in writing and forcing me to resign and move on.
Regards
ARK
From India, Ghaziabad
Thanks for your suggestion, I did replayed the showcause within the given time clarifying clearly that the alligation is not a non compliance but discharge of my duty.
Request you to suggest weather I should go legal as they are refusing to give any thing in writing and forcing me to resign and move on.
Regards
ARK
From India, Ghaziabad
You've been working here for 9 long years with outstanding results - why would the company suddenly develop communal hatred for you? This is the question you'd be asked and find difficult to answer.
Of course, the complete picture will not be known till one gets to hear the other party's view but check out the show cause. If the company can prove that the show cause was served, time given and your reply was not satisfactory - your removal from the job would be completely legal - courts won't help you.
It could be a grey area where you say you replied to the show cause and the company says it was not satisfactory. Depending on a lot of other factors, it could go anywhere - but even then, its your career which would suffer.
I believe it is not a very clear cut case where you can be sure of a legal remedy and hence the best option could be to get a proper separation from the company and make a new beginning.
From India, Delhi
Of course, the complete picture will not be known till one gets to hear the other party's view but check out the show cause. If the company can prove that the show cause was served, time given and your reply was not satisfactory - your removal from the job would be completely legal - courts won't help you.
It could be a grey area where you say you replied to the show cause and the company says it was not satisfactory. Depending on a lot of other factors, it could go anywhere - but even then, its your career which would suffer.
I believe it is not a very clear cut case where you can be sure of a legal remedy and hence the best option could be to get a proper separation from the company and make a new beginning.
From India, Delhi
Since you are working since 9 years ,the company cannot terminate you without valid ground,you may approach conciliation officer of that area under industrial disputes Act 1947 and file your dispute with him ,and
request the officer to also issue notice u/s 33 C-2 ,
From India, Patna
request the officer to also issue notice u/s 33 C-2 ,
From India, Patna
You have a right to be heard. Since you are not a workmen as defined under the Industrial disputes Act they can terminate you only according to the standing order of your company. Please see the standing order of the company and see whether they have followed the procedure. If they have not followed the standing order then you can very well approach the court and you have a good chance of winning it.
If you don't know what is a standing order, then I will explain.
As per the Industrial Employment standing order Act 1946, each company has to frame a standing order which includes the rules and regulation of the company including appointment and dismissal. Hence the company can only take action against you only after following the rules and regulation framed in the standing order about the dismissal of an employee from the company.
From India, Kochi
If you don't know what is a standing order, then I will explain.
As per the Industrial Employment standing order Act 1946, each company has to frame a standing order which includes the rules and regulation of the company including appointment and dismissal. Hence the company can only take action against you only after following the rules and regulation framed in the standing order about the dismissal of an employee from the company.
From India, Kochi
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