Hi Gaurav,
What I am saying, listen to me with patience, this will solve your problem:
If your employer does not wish to keep you, you can't make your career there, even if you are legally correct or win a legal battle. But, from your case, it's not entirely your fault (100%), but you can make your company reconsider the decision and make them apologize. You need to be diplomatic, cool, and consult a lawyer.
1. Check your exit documents and see what the Cause of Termination is.
2. If it is due to 'disciplinary action taken against you,' you can challenge the company, and there will be a high chance of winning a legal battle.
3. If the reason for your separation/termination is not mentioned, contact a lawyer and send an email with a query under the RTI Act, asking for the reason.
4. There is a 99.9% chance it will be on disciplinary grounds.
5. Send an email first to the HR department, questioning why a domestic enquiry has not taken place and why a one-sided decision was made. Send three emails; if your company doesn't respond (which is highly likely), mention in the third letter that you will take legal action.
6. Mention that you did not attend the party after consuming alcohol; alcoholic drinks were provided by the company. If you have pictures from the party, they can serve as strong evidence. If peers or seniors were seen consuming alcohol at the party, it is important to note. If the party was held at a hotel, restaurant, or disco, try to obtain the invoice showing that the company paid for the alcohol. Handle this diplomatically.
7. If you have evidence as mentioned in point 6, describe the incident in the email and question why the company did not take security measures when alcoholic drinks were present. Question their stance on discipline and ask why they are encouraging misconduct when they are aware that people lose control after consuming alcohol. Attach the evidence to the email.
8. Question if the company indirectly encouraged you by providing alcoholic drinks. Claim that your termination is part of a conspiracy since you were intoxicated and the drinks were arranged by the company. Demand that they reconsider the decision or clear your service record with an official apology letter, or your lawyer will raise these questions in court.
9. If there is no response to the emails and letters, you can opt for the company's response through RTI. Based on their answer, you can take legal action.
If any termination occurs due to 'disciplinary grounds specifically,' whether during the probationary period or not, every individual has the right to natural justice or can seek justice in court. If an employee goes to court, the first order the magistrate provides is the 'domestic enquiry report' to determine if natural justice was served in the termination on disciplinary grounds. Otherwise, the victim can claim that the termination was pre-planned and a conspiracy by the employer where natural justice was not upheld.
For further advice, consult a lawyer. I hope they will provide similar guidance.
Thanks and Regards,
Sovik B.
MBA - HR & Finance
Managing Director
S.S ENTERPRISE.
From India, Mumbai
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49What I am saying, listen to me with patience, this will solve your problem:
If your employer does not wish to keep you, you can't make your career there, even if you are legally correct or win a legal battle. But, from your case, it's not entirely your fault (100%), but you can make your company reconsider the decision and make them apologize. You need to be diplomatic, cool, and consult a lawyer.
1. Check your exit documents and see what the Cause of Termination is.
2. If it is due to 'disciplinary action taken against you,' you can challenge the company, and there will be a high chance of winning a legal battle.
3. If the reason for your separation/termination is not mentioned, contact a lawyer and send an email with a query under the RTI Act, asking for the reason.
4. There is a 99.9% chance it will be on disciplinary grounds.
5. Send an email first to the HR department, questioning why a domestic enquiry has not taken place and why a one-sided decision was made. Send three emails; if your company doesn't respond (which is highly likely), mention in the third letter that you will take legal action.
6. Mention that you did not attend the party after consuming alcohol; alcoholic drinks were provided by the company. If you have pictures from the party, they can serve as strong evidence. If peers or seniors were seen consuming alcohol at the party, it is important to note. If the party was held at a hotel, restaurant, or disco, try to obtain the invoice showing that the company paid for the alcohol. Handle this diplomatically.
7. If you have evidence as mentioned in point 6, describe the incident in the email and question why the company did not take security measures when alcoholic drinks were present. Question their stance on discipline and ask why they are encouraging misconduct when they are aware that people lose control after consuming alcohol. Attach the evidence to the email.
8. Question if the company indirectly encouraged you by providing alcoholic drinks. Claim that your termination is part of a conspiracy since you were intoxicated and the drinks were arranged by the company. Demand that they reconsider the decision or clear your service record with an official apology letter, or your lawyer will raise these questions in court.
9. If there is no response to the emails and letters, you can opt for the company's response through RTI. Based on their answer, you can take legal action.
If any termination occurs due to 'disciplinary grounds specifically,' whether during the probationary period or not, every individual has the right to natural justice or can seek justice in court. If an employee goes to court, the first order the magistrate provides is the 'domestic enquiry report' to determine if natural justice was served in the termination on disciplinary grounds. Otherwise, the victim can claim that the termination was pre-planned and a conspiracy by the employer where natural justice was not upheld.
For further advice, consult a lawyer. I hope they will provide similar guidance.
Thanks and Regards,
Sovik B.
MBA - HR & Finance
Managing Director
S.S ENTERPRISE.
From India, Mumbai
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Dear Mr. Sovik B It would be pleasure if you could let us know, under which section of RTI Act we can seek the reason for termination of an employee of any Pvt. Company.
From India, Ahmadabad
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From India, Ahmadabad
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Hi,
Adding those, you show that your probationary period is a limitation. Don't listen to them. It will add an advantage to you because your claim of a one-sided decision/conspiracy will be strengthened. The company has to prove and justify them in court, whether they follow a hire and fire policy or not. And since you are new to the organization, whether a conspiracy, partiality/politics involved, a favor to a senior employee, just to satisfy his demands/ego.
Either way, it's a benefit for you. Be smart, confident, diplomatic, and go by laws. You don't need to fear anyone.
Thanks and Regards,
Sovik B
MBA - HR and Finance
B.Sc. Mathematics Honours, Ramakrishna Mission VC College, Rahara,
University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
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Adding those, you show that your probationary period is a limitation. Don't listen to them. It will add an advantage to you because your claim of a one-sided decision/conspiracy will be strengthened. The company has to prove and justify them in court, whether they follow a hire and fire policy or not. And since you are new to the organization, whether a conspiracy, partiality/politics involved, a favor to a senior employee, just to satisfy his demands/ego.
Either way, it's a benefit for you. Be smart, confident, diplomatic, and go by laws. You don't need to fear anyone.
Thanks and Regards,
Sovik B
MBA - HR and Finance
B.Sc. Mathematics Honours, Ramakrishna Mission VC College, Rahara,
University Of Calcutta
Managing Director
S.S ENTERPRISE
From India, Mumbai
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Hi Saji,
I can answer the question right away. But I will request you to do research in this part. I am just trying to help a poor guy, right? I am not paid here for consultation, but I have to pay my lawyers/law firm for consultation. Please don't consider me rude; I am just diplomatic with you.
But still, for your information (FYI), I would like to add a point: if a query for the reason of termination is made under RTI and it is not mentioned in the Termination Letter, the company will have to provide the same as it can't claim information confidential under Trade Secret Exclusion. I hope you understand what I mean to say.
Thanks & Regards,
Sovik B
MBA - HR & Finance
B.Sc. Mathematics Honours, Ramakrishna Mission V.C. College, Rahara,
University Of Calcutta
Managing Director
S.S. Enterprise
From India, Mumbai
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I can answer the question right away. But I will request you to do research in this part. I am just trying to help a poor guy, right? I am not paid here for consultation, but I have to pay my lawyers/law firm for consultation. Please don't consider me rude; I am just diplomatic with you.
But still, for your information (FYI), I would like to add a point: if a query for the reason of termination is made under RTI and it is not mentioned in the Termination Letter, the company will have to provide the same as it can't claim information confidential under Trade Secret Exclusion. I hope you understand what I mean to say.
Thanks & Regards,
Sovik B
MBA - HR & Finance
B.Sc. Mathematics Honours, Ramakrishna Mission V.C. College, Rahara,
University Of Calcutta
Managing Director
S.S. Enterprise
From India, Mumbai
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Dear Mr. Sovik,
I have searched the RTI Act 2005, wherein I found that the Right to Information Act 2005 mandates timely responses to citizen requests for government information and not for any information regarding private companies, institutes, or organizations. That's why I clarified from your end.
From India, Ahmadabad
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I have searched the RTI Act 2005, wherein I found that the Right to Information Act 2005 mandates timely responses to citizen requests for government information and not for any information regarding private companies, institutes, or organizations. That's why I clarified from your end.
From India, Ahmadabad
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Hi Saji,
You are correct. However, here, I would like to mention something: your knowledge is 100% correct. You might not be aware of all terms and clauses, modifications made in RTI guidelines during 2007-2011.
Please refer to the following link carefully. Here, you must have a clear conception of what comes under 'TRADE SECRET EXCLUSION' and direct/indirect funding meanings. After reading this, kindly mention your questions, and I would like to share a classic judgment made by the Delhi High Court. I will also provide details of the same.
Link: [Right to Information](http://rtiact.hpage.co.in/private-orgs_38455804.html)
Thanks and Regards,
Sovik B
From India, Mumbai
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You are correct. However, here, I would like to mention something: your knowledge is 100% correct. You might not be aware of all terms and clauses, modifications made in RTI guidelines during 2007-2011.
Please refer to the following link carefully. Here, you must have a clear conception of what comes under 'TRADE SECRET EXCLUSION' and direct/indirect funding meanings. After reading this, kindly mention your questions, and I would like to share a classic judgment made by the Delhi High Court. I will also provide details of the same.
Link: [Right to Information](http://rtiact.hpage.co.in/private-orgs_38455804.html)
Thanks and Regards,
Sovik B
From India, Mumbai
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Hi Saji,
You are correct. But here, I would like to mention something: your knowledge is not 100% accurate. You may not be aware of all the terms, clauses, and modifications made in the RTI guidelines during 2007-2011.
Please refer to the following link carefully. Here, you must have a clear understanding of what falls under 'TRADE SECRET EXCLUSION' and the meanings of direct/indirect funding. After reading this, kindly mention any questions you have, and I would like to share a classic judgment made by the Delhi High Court. I will also provide details of the same.
Link: [Right to Information](http://rtiact.hpage.co.in/private-orgs_38455804.html)
Regards,
Sovik B
From India, Mumbai
Acknowledge(0)Amend(0)
You are correct. But here, I would like to mention something: your knowledge is not 100% accurate. You may not be aware of all the terms, clauses, and modifications made in the RTI guidelines during 2007-2011.
Please refer to the following link carefully. Here, you must have a clear understanding of what falls under 'TRADE SECRET EXCLUSION' and the meanings of direct/indirect funding. After reading this, kindly mention any questions you have, and I would like to share a classic judgment made by the Delhi High Court. I will also provide details of the same.
Link: [Right to Information](http://rtiact.hpage.co.in/private-orgs_38455804.html)
Regards,
Sovik B
From India, Mumbai
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Dear Mr. Sovik,
Thank you very much for guiding me. I have referred to the link, wherein I found a few clauses as follows:
"Sub-clauses (i) and (ii) together mean that any non-government organizations which are substantially owned, controlled, or financed directly or indirectly by the government would be covered. Thus, aided schools and colleges are public authorities, as well as any trusts or NGOs which have significant government nominees; or companies where the government either owns a substantial stake, or has given substantial finance, are directly covered under the RTI Act. The substantial finance can take into account tax incentives, subsidies, and other concessions as well.
"Applicants have every right to seek information on a private company even though it is in the private sector if it reports to a government body."
Only applications that serve public interest would be dealt with, not those that seek to erode a company's competitive position.
From the above clauses, I feel that none of the clauses state that an RTI can be sought for the reason of the termination of any individual, i.e., an employee. As per my view, which may be incorrect, please guide us.
From India, Ahmadabad
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Thank you very much for guiding me. I have referred to the link, wherein I found a few clauses as follows:
"Sub-clauses (i) and (ii) together mean that any non-government organizations which are substantially owned, controlled, or financed directly or indirectly by the government would be covered. Thus, aided schools and colleges are public authorities, as well as any trusts or NGOs which have significant government nominees; or companies where the government either owns a substantial stake, or has given substantial finance, are directly covered under the RTI Act. The substantial finance can take into account tax incentives, subsidies, and other concessions as well.
"Applicants have every right to seek information on a private company even though it is in the private sector if it reports to a government body."
Only applications that serve public interest would be dealt with, not those that seek to erode a company's competitive position.
From the above clauses, I feel that none of the clauses state that an RTI can be sought for the reason of the termination of any individual, i.e., an employee. As per my view, which may be incorrect, please guide us.
From India, Ahmadabad
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Hi Saji,
That's really a good question. At least you accepted that RTI holds good for Private Companies, moved from the previous stand that under RTI Private companies are exempted. Now, your question whether an employee can ask for the Reason of Termination under RTI, that's a different question.
Anyway, still, my answer is 'Yes'. But we have to follow an Indirect Path. Before answering the question, I must understand your conception first & know your mentality, regarding handling employee grievances & the Corporate Stands that a Corporate House takes to save them when challenged Legally from different sources - including Government Agencies.
Please answer the following questions very carefully:
1. As an HR, do you consider yourself an advocate of employees? (My stand is Yes, I try for diplomatic negotiation - Understanding, Win-Win Resolution).
2. What do you think can the Ministry of Corporate Affairs, Ministry of Labour & employment, go for intervention in case of Private Companies formed under the Companies Act, 1956 (with all amendments made) if required? Do you think all Private companies report to them indirectly? (Do not limit your answers based on this particular case only).
3. 'Hire & Fire Policy', 'Social Discrimination', 'Harassment', not following corporate laws, comes under which Category, Personal Interest or Public Interest?
4. How can the Labour Tribunal opt for intervention in case of Private Companies?
First, answer these questions, then I will answer your question. Perhaps, it will make you agree with me again that it's possible on Legal Ground.
Thanks & Regards,
Sovik B
From India, Mumbai
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That's really a good question. At least you accepted that RTI holds good for Private Companies, moved from the previous stand that under RTI Private companies are exempted. Now, your question whether an employee can ask for the Reason of Termination under RTI, that's a different question.
Anyway, still, my answer is 'Yes'. But we have to follow an Indirect Path. Before answering the question, I must understand your conception first & know your mentality, regarding handling employee grievances & the Corporate Stands that a Corporate House takes to save them when challenged Legally from different sources - including Government Agencies.
Please answer the following questions very carefully:
1. As an HR, do you consider yourself an advocate of employees? (My stand is Yes, I try for diplomatic negotiation - Understanding, Win-Win Resolution).
2. What do you think can the Ministry of Corporate Affairs, Ministry of Labour & employment, go for intervention in case of Private Companies formed under the Companies Act, 1956 (with all amendments made) if required? Do you think all Private companies report to them indirectly? (Do not limit your answers based on this particular case only).
3. 'Hire & Fire Policy', 'Social Discrimination', 'Harassment', not following corporate laws, comes under which Category, Personal Interest or Public Interest?
4. How can the Labour Tribunal opt for intervention in case of Private Companies?
First, answer these questions, then I will answer your question. Perhaps, it will make you agree with me again that it's possible on Legal Ground.
Thanks & Regards,
Sovik B
From India, Mumbai
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Hi Saji,
One more question:
You have said, "Only applications that serve public interest would be dealt with, not those that seek to erode a company's competitive position." Does "Reason Of Termination" erode a company's competitive position? Does it fall under "Trade Secret"?
Regards,
Sovik B
From India, Mumbai
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One more question:
You have said, "Only applications that serve public interest would be dealt with, not those that seek to erode a company's competitive position." Does "Reason Of Termination" erode a company's competitive position? Does it fall under "Trade Secret"?
Regards,
Sovik B
From India, Mumbai
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