As you were a HR manager so you do not fall under the workman category as per Industrial Dispute Act 1947 & as per Standing order Act, so management is not liable to follow the procedure of show cause notice & enquiry proceeding. It depends on the conditions of employment as per your letter of appointment if notice period is mentioned there of X period than management can terminate you by giving X period notice & in case they terminate without giving any notice period than they have to reimburse you in lieu of not allowing you to serve notice period. So please go through the terms & conditions of your employment.
3
in probation period can we terminate the employee without going any notice but we pay one month salary to him
From India, Bijapur
From India, Bijapur
in Probation period can we terminate the employee without giving one month notice period but we paying month salary to employee
From India, Bijapur
From India, Bijapur
AS PER PSUs APPOINTMENT LETTER CLAUSES FOLLOWING TERMINATION IS LEAGAL..?
1.clause1:.GM-engineering is transable to any department in medicine making co..?
If above is OK..
He can be transferred as GM-mrkg..?
(Selling medicines to local chemist)
2.Clause :2 PSU employees can be given to any designation/any functional responsibility.
If above is OK..
Boss can assign a medical representative functional responsibility
In a city where company do not have any office.. So made him work from home..daily reports sent by post are treated as attendenc not mail sent by employee personal email ID(as company do not given company email ID since they do not have infrastructure)
Where ever if unknown postal delay marking as Loss of pay,hence reduction in pay package.
(company obtianed confirmation from HC w.r.t appointment clauses are legal can imposed any time on any employee (to stisfy the personal hate on employee, even records are clear & not even once charge sheeted in 8 yrs service.)
After transfer to marketing department
Having worked in as a manager job responsibilities for one year (depromated post with out charge sheet & enquiry)
Later management forced to work as Medical representative (Lowest depromated post in marketing department with out any enquiry) for anther year..in daily reports I was keep asking for GM-marketing & lower staff also company infrastructure.. But management replied no support .
At last... after 2 yrs mental & physical harassment and salary reduction by LOP on a/c non reciept of daily work reports by post..it seems emails are considered as leagal document...in last March 15 some officer came to cross check my work & he was trying to find mistake to charge sheet me & threatened to sign wrong report.. but I denied & vacated the place by sending mail for official reason(the official reason is management is not provided GM-marketing position status & supporting infrastructure)
Since last March I was not reported to duty irrespective of many reminder letters from company (As I was mentally sick I have obtained medical certificate from govt doctor& no salary of march15)
Now in January 16 company HRD has applied appointment letter clause I.e
"Any employee is absent from duty without senior approval for 10 days,it is considered as self termination "
employee will loose benefits.
So company settled my dues the way they want .I.e..March15 salary was paid in January16 and gratuity amount check received on 30-12-15
As per appointment letter there is 3 months notice period,company has paid for notice period.
Company has taken decision without conducting enquiry/chargesheet/suspension etc with mear clause of appointment letter & settled my a/c( I have signed the appointment letter as token of reciept no legal bond is signed)
Now, I in privete job market as engineer of 25yrs experience & 2 years experience in pharmaceutical medicine marketing.. So industry is not accepting as a engineer or experienced marketing- GM.
This company has ruined my next 8 yrs of career.
Request all senior to advice for next options.
Note: Other employee /Trade staff union are threatened to support me.
For the last 8 yrs I have clean records in company book but I was due for promotion.
From India, Bangalore
1.clause1:.GM-engineering is transable to any department in medicine making co..?
If above is OK..
He can be transferred as GM-mrkg..?
(Selling medicines to local chemist)
2.Clause :2 PSU employees can be given to any designation/any functional responsibility.
If above is OK..
Boss can assign a medical representative functional responsibility
In a city where company do not have any office.. So made him work from home..daily reports sent by post are treated as attendenc not mail sent by employee personal email ID(as company do not given company email ID since they do not have infrastructure)
Where ever if unknown postal delay marking as Loss of pay,hence reduction in pay package.
(company obtianed confirmation from HC w.r.t appointment clauses are legal can imposed any time on any employee (to stisfy the personal hate on employee, even records are clear & not even once charge sheeted in 8 yrs service.)
After transfer to marketing department
Having worked in as a manager job responsibilities for one year (depromated post with out charge sheet & enquiry)
Later management forced to work as Medical representative (Lowest depromated post in marketing department with out any enquiry) for anther year..in daily reports I was keep asking for GM-marketing & lower staff also company infrastructure.. But management replied no support .
At last... after 2 yrs mental & physical harassment and salary reduction by LOP on a/c non reciept of daily work reports by post..it seems emails are considered as leagal document...in last March 15 some officer came to cross check my work & he was trying to find mistake to charge sheet me & threatened to sign wrong report.. but I denied & vacated the place by sending mail for official reason(the official reason is management is not provided GM-marketing position status & supporting infrastructure)
Since last March I was not reported to duty irrespective of many reminder letters from company (As I was mentally sick I have obtained medical certificate from govt doctor& no salary of march15)
Now in January 16 company HRD has applied appointment letter clause I.e
"Any employee is absent from duty without senior approval for 10 days,it is considered as self termination "
employee will loose benefits.
So company settled my dues the way they want .I.e..March15 salary was paid in January16 and gratuity amount check received on 30-12-15
As per appointment letter there is 3 months notice period,company has paid for notice period.
Company has taken decision without conducting enquiry/chargesheet/suspension etc with mear clause of appointment letter & settled my a/c( I have signed the appointment letter as token of reciept no legal bond is signed)
Now, I in privete job market as engineer of 25yrs experience & 2 years experience in pharmaceutical medicine marketing.. So industry is not accepting as a engineer or experienced marketing- GM.
This company has ruined my next 8 yrs of career.
Request all senior to advice for next options.
Note: Other employee /Trade staff union are threatened to support me.
For the last 8 yrs I have clean records in company book but I was due for promotion.
From India, Bangalore
मैं समस्त वरिष्ठ लोगों से ये पूंछना चाहता हूँ की जब नियुक्ति पत्र में स्पष्ट रूप में नियोक्ता द्वारा यह लिखा जाता है की " कंपनी अर्थात नियोक्ता द्वारा या कर्मचारी द्वारा कभी भी सेवाओं को निर्धारित नोटिस अवधि के बराबर सेवा को स्वीकार करके या निर्धारित नोटिस अवधि के समतुल्य भुगतान करके सेवाओं को समाप्त किया जा सकता है " तो क्यों नहीं एक नियोक्ता नियुक्ति पत्र में जो भी शर्तें लिखी गयी हैं के अनुसार भुगतान करके सेवा समाप्त नहीं कर सकता है !
नियोक्ता द्वारा या तो कर्मचारी को नियुक्ति पत्र में लिखित नोटिस अवधि के बराबर काम करने का मौका दिया जायेगा या उतनी अवधि का भुगतान किया जायेगा !
और अगर कर्मचारी औद्योगिक विवाद अधिनियम के अंतर्गत कर्मचारी की परिभाषा में परिभाषित नहीं होता है तो न तो वह सिविल कोर्ट में जा सकता है और न ही श्रम न्यायलय में. !
From India, Rudarpur
नियोक्ता द्वारा या तो कर्मचारी को नियुक्ति पत्र में लिखित नोटिस अवधि के बराबर काम करने का मौका दिया जायेगा या उतनी अवधि का भुगतान किया जायेगा !
और अगर कर्मचारी औद्योगिक विवाद अधिनियम के अंतर्गत कर्मचारी की परिभाषा में परिभाषित नहीं होता है तो न तो वह सिविल कोर्ट में जा सकता है और न ही श्रम न्यायलय में. !
From India, Rudarpur
Sir, I am working in Private (Marvadi) company (it has multiple Branch)since 1996 july, I was handling all departmental Works and signing the Date to day Sales Invoice also. Represents the Organisation as Manager. I have no attendance or wages register so far. My salary is paid in Cash only. We are in good terms. Very soon the organisation will go in the hands of his sons. If there araise any problem, will I get any Gratuity benefits.
From India, Bengaluru
From India, Bengaluru
If you can prove that you have worked for more than five years, then you will be entitled to gratuity. Since you have no documents but you are in good terms with the employer, in order to avoid any future complications which may arise, try to gather as much as evidence possible so that in a later stage you can prove your employment (date of appointment, salary etc.)
From India, Kolkata
From India, Kolkata
Dear Rakesh,
There are only 2 ways of employee separation from the company, once he is permanent. One is, in case of any misconduct, proper enquiry is necessary, misconduct must stand proved and must warrant the extreme punishment of dismissal, after considering the past record. Secondly, in case of surplusage, if the strength of total workmen in preceding calendar year is below 100, then no permission is required, however, if it exceeds 100 then govt. permission for retrenchment will have to be sought before retrenchment. In case the strenght is below 100 retrenchment compensation of 15 days salary per completed year of service plus one months notice pay is mandatory as per section 25 F of I.D.Act otherwise the retrenchment will be rendered ab initio void, this will have to be paid PRIOR to retrenchment. There is no hire and fire rule in our country. Not atleast for workmen
From India, Pune
There are only 2 ways of employee separation from the company, once he is permanent. One is, in case of any misconduct, proper enquiry is necessary, misconduct must stand proved and must warrant the extreme punishment of dismissal, after considering the past record. Secondly, in case of surplusage, if the strength of total workmen in preceding calendar year is below 100, then no permission is required, however, if it exceeds 100 then govt. permission for retrenchment will have to be sought before retrenchment. In case the strenght is below 100 retrenchment compensation of 15 days salary per completed year of service plus one months notice pay is mandatory as per section 25 F of I.D.Act otherwise the retrenchment will be rendered ab initio void, this will have to be paid PRIOR to retrenchment. There is no hire and fire rule in our country. Not atleast for workmen
From India, Pune
If company has fix in false case and immidatly terminated so can i file case against them ? which law apllicable in Maharahtra ? How can i take compansation and relife ? My designation is manager
From India, Mumbai
From India, Mumbai
Designation is immaterial. If you do not have any supervisory or administrative capacity, then only you will be covered under labour laws. First, you have to raise the dispute before the company asking for withdrawal of the termination letter and to reinstate you. Thereafter you need to lodge complaint before the Labour Commissioner and finally file a case in the Court of law.
From India, Kolkata
From India, Kolkata
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