Dear HR professionals/Vetrans
I need advice on the following issue.
My elder brother is working with a pvt. Ltd. Company in mid level management cadre . He has almost completed 7 years in same company and grown from dept head to Factory Manager during this period.As he was also heading the administrative dept. few guys(approx 23 NOs out of 150 regular and casual employes)) along with a mid level manager has alleged with a letter and signature of these 23 staffs with 21 point allegations without any proof only due to grudge and jealousness of co manager.Most of the allegation has pointed towards misconduct, misbehave, theft and using vulgar language .If we talk about proof then except this signature on the letter nothing else.Now the same letter has been forwarded by that manager who was jealous followed with verbal communication and briefed the same to V.P at H.O on these point and put all his effort to convince him to make out my brother from the organization. Under pressure the unit head has also supported the act of the group as he was out of station and also requested not to do anything before he comes to the work place. Meanwhile the Jealous manager has briefed and communicate the things with ill intention to make out my brother from the organization. Very next day my brother has been asked to report to HO for this.After series of discussion at HO no proof was established and Due to pressure of this jealous manager that he should be out or there will be unrest in the organization. Eventually V.P has asked my brother to leave without considering the same.
Please be informed that no resignation was given by my brother and no discharge sheet was issued or no formal enquiry was made. Only oral communication was there.organisation is unprofessional and they are not having any HR dept.Even they not issued any employment letter but Form 16 is with my brother of last 7 years where it is clearly mentioned as Factory head along with salary income details.
Meanwhile till he reaches to his work city from HO the local management Unit had due to pressure displayed a notice that he is no more member of this organization in all notice Board. Further he has also inform the clients with the same message. My brother after knowing this due to this setback and agony he has not gone to office last 25 days and also requested the management to give the salary. But they refused and told that we are yet to receive the response from HO then only the same will be done.
Kindly be informed technically he is still employee as he has not resigned and not terminated. Out of 23 signaturies already 1 8 signaturies has given their consent in writing to my brother that it was false allegation and was made consipiracy to make out my brother from organization and further all the signatories has also added that all these act was done due to compulsion and threat to remove from the job and he is the person(jealous manager )who adversely affected the work culture of the organization hence to take appropriate action.
In this case please advice what should be the modus operndi. Whether my brother should report office.or go for legal proceeding if they oppose to make him enter inside the factory.They may aske him to rediscuss again shortly within 7-10 days alongwith a representative .Once they say to continue the job can they transfer or settle with notice period alongwith dues of gratuity.Will he eligible for gratuity. No employment letter is given to him.Only form 16 is supportive document with designation and salary income.Can they suit a file against him as there is no proof to this effect. Please give your valuable advice.my Brother still wants to work there.
Regards
Raj Kumar Panda
From India, Raurkela
I need advice on the following issue.
My elder brother is working with a pvt. Ltd. Company in mid level management cadre . He has almost completed 7 years in same company and grown from dept head to Factory Manager during this period.As he was also heading the administrative dept. few guys(approx 23 NOs out of 150 regular and casual employes)) along with a mid level manager has alleged with a letter and signature of these 23 staffs with 21 point allegations without any proof only due to grudge and jealousness of co manager.Most of the allegation has pointed towards misconduct, misbehave, theft and using vulgar language .If we talk about proof then except this signature on the letter nothing else.Now the same letter has been forwarded by that manager who was jealous followed with verbal communication and briefed the same to V.P at H.O on these point and put all his effort to convince him to make out my brother from the organization. Under pressure the unit head has also supported the act of the group as he was out of station and also requested not to do anything before he comes to the work place. Meanwhile the Jealous manager has briefed and communicate the things with ill intention to make out my brother from the organization. Very next day my brother has been asked to report to HO for this.After series of discussion at HO no proof was established and Due to pressure of this jealous manager that he should be out or there will be unrest in the organization. Eventually V.P has asked my brother to leave without considering the same.
Please be informed that no resignation was given by my brother and no discharge sheet was issued or no formal enquiry was made. Only oral communication was there.organisation is unprofessional and they are not having any HR dept.Even they not issued any employment letter but Form 16 is with my brother of last 7 years where it is clearly mentioned as Factory head along with salary income details.
Meanwhile till he reaches to his work city from HO the local management Unit had due to pressure displayed a notice that he is no more member of this organization in all notice Board. Further he has also inform the clients with the same message. My brother after knowing this due to this setback and agony he has not gone to office last 25 days and also requested the management to give the salary. But they refused and told that we are yet to receive the response from HO then only the same will be done.
Kindly be informed technically he is still employee as he has not resigned and not terminated. Out of 23 signaturies already 1 8 signaturies has given their consent in writing to my brother that it was false allegation and was made consipiracy to make out my brother from organization and further all the signatories has also added that all these act was done due to compulsion and threat to remove from the job and he is the person(jealous manager )who adversely affected the work culture of the organization hence to take appropriate action.
In this case please advice what should be the modus operndi. Whether my brother should report office.or go for legal proceeding if they oppose to make him enter inside the factory.They may aske him to rediscuss again shortly within 7-10 days alongwith a representative .Once they say to continue the job can they transfer or settle with notice period alongwith dues of gratuity.Will he eligible for gratuity. No employment letter is given to him.Only form 16 is supportive document with designation and salary income.Can they suit a file against him as there is no proof to this effect. Please give your valuable advice.my Brother still wants to work there.
Regards
Raj Kumar Panda
From India, Raurkela
There are two possibilities, one to fight or to leave the company. If your brother is confident and trust the signatories, let him write to the Executive Committee/ VP and Directors that the charges and just fabricated in the interest of X and he would like to bring to the notice of all concerned the real story. As a human being he has every right to prove his innocence. Let him state that it would be highly prejudicial to create a camouflage and it would lead to unrepairable damage to his career and personal life if he is asked to leave the job without giving him an opportunity to prove his innocence.
Leaving the company is the second step, which I will not recommend. While leaving, he will definitely get the benefits like Gratuity for which non issuance of appointment order is not a problem.
Regards,
Madhu.T.K
From India, Kannur
4238Leaving the company is the second step, which I will not recommend. While leaving, he will definitely get the benefits like Gratuity for which non issuance of appointment order is not a problem.
Regards,
Madhu.T.K
From India, Kannur
Thank you very much Madhu T.K.
He is strong to face and clear all allegation made against him.As you had rightly told keeping mum on the issue will leads irepairable loss to his career and he should always ask the top management to prove himself. I sincerely once more thanking you for this valuable advice at this tense hour of my brother.
regards
Raj Kumar Panda
From India, Raurkela
He is strong to face and clear all allegation made against him.As you had rightly told keeping mum on the issue will leads irepairable loss to his career and he should always ask the top management to prove himself. I sincerely once more thanking you for this valuable advice at this tense hour of my brother.
regards
Raj Kumar Panda
From India, Raurkela
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