Hi ,working with MNC company since last two years. I have received intimation of termination on non completion of training exam ,as it was 5th attempt.
While conducting 1st to 4th attempt eaxm not one have intimated me about the terms & condition of this training exam.not a single mail I have received from HR or from training team stating below statement like.u have to clear this exam in 5 attempts only & on non clearnce this will lead to separation.
Hence pls suggest should i go for labour court or not..pls reply fast they pressuring me to resign or they will terminate me. Waiting for repy
From India, undefined
While conducting 1st to 4th attempt eaxm not one have intimated me about the terms & condition of this training exam.not a single mail I have received from HR or from training team stating below statement like.u have to clear this exam in 5 attempts only & on non clearnce this will lead to separation.
Hence pls suggest should i go for labour court or not..pls reply fast they pressuring me to resign or they will terminate me. Waiting for repy
From India, undefined
Dear Samir,
Termination of employment should be guided by company policy and the forms/documents you sign during the joining formalities or there after.Here I am assuming that no communication was done at their end to inform you about the t&cs of termination . And this is also not mentioned in your appointment letter or any other letter you signed,as per your explanation above.
If in your appointment letter or any other letter which you signed, it is mentioned that the employer can be terminate the employee at any point of time without citing any reason., then they can take this call. And they are not wrong at this point because they are following their policy. This practice is being opted by numbers of companies now a days. However this is a wrong practice.
Now coming to your queries...considering you didn't sign any such documents..
If it is a verbal intimation, then don't worry and keep on doing work as you have been doing until and unless you receive any written intimation.
And if the intimation is a written one, then send them a mail in response to this termination letter asking about the reason for the same. If the reason is already mentioned in the letter , then tell them you were not informed about the T&Cs of the termination(in case of this 5th attempt) and so how can they terminate you without informing the rule and issuing warning letter prior hand. They will try to demoralize you or put pressure on you so that you resign on your own but be strong and ask for the answers. Wait for the response....and then let me know . I will tell you what to do next.
Please remember, no employer can terminate any employee without issuing warning letter/notice or show cause notice. Every employee should be given chance to put his point for justification provided if the employee doesn't sign any such documents as mentioned above.
For any further clarity on the same, you may please write back to me.
From India, Delhi
81Termination of employment should be guided by company policy and the forms/documents you sign during the joining formalities or there after.Here I am assuming that no communication was done at their end to inform you about the t&cs of termination . And this is also not mentioned in your appointment letter or any other letter you signed,as per your explanation above.
If in your appointment letter or any other letter which you signed, it is mentioned that the employer can be terminate the employee at any point of time without citing any reason., then they can take this call. And they are not wrong at this point because they are following their policy. This practice is being opted by numbers of companies now a days. However this is a wrong practice.
Now coming to your queries...considering you didn't sign any such documents..
If it is a verbal intimation, then don't worry and keep on doing work as you have been doing until and unless you receive any written intimation.
And if the intimation is a written one, then send them a mail in response to this termination letter asking about the reason for the same. If the reason is already mentioned in the letter , then tell them you were not informed about the T&Cs of the termination(in case of this 5th attempt) and so how can they terminate you without informing the rule and issuing warning letter prior hand. They will try to demoralize you or put pressure on you so that you resign on your own but be strong and ask for the answers. Wait for the response....and then let me know . I will tell you what to do next.
Please remember, no employer can terminate any employee without issuing warning letter/notice or show cause notice. Every employee should be given chance to put his point for justification provided if the employee doesn't sign any such documents as mentioned above.
For any further clarity on the same, you may please write back to me.
From India, Delhi
Apart from the above, Please let us know the reason for non clearance of the exam, you are termed as incapable which can go against your claim or willingly you have opt to non clearance then also it will be termed as code of misconduct. Please explain the reason for not clearing the exam was it tough have you took any help from your seniors in clearing the exam, please elaborate.
From India, Ahmadabad
From India, Ahmadabad
Mr.sujon,Thank a lot for prompt reply.. the exam was not that much hard but ..this was like other exams ..normally...we have unlimited attempt & on non completion they block our salary till clearnce but this all terms mention on our training portal. Wherein this case no communication was given in return or on portal that these will lead to separation (prior to 5th attempt) this is a mandatory exam..
They have given me a letter of mis conduct on non completion of exam in this final 5th attempt.
I have am asking them on mail to give reason but no buddy is giving reply..saying it's our management call..HR can't help you..
While local Hr have threated me to put the resign to avoid termination.
I have kept the resign with 60 days notice.
But now I want to go for legal so that I can hold the termination legal by taking legal stay on it..
From India, undefined
They have given me a letter of mis conduct on non completion of exam in this final 5th attempt.
I have am asking them on mail to give reason but no buddy is giving reply..saying it's our management call..HR can't help you..
While local Hr have threated me to put the resign to avoid termination.
I have kept the resign with 60 days notice.
But now I want to go for legal so that I can hold the termination legal by taking legal stay on it..
From India, undefined
On portal they have not mention the details of this exam like .. mendetory..while in other type of exam it’s mentioned on our portal..
From India, undefined
From India, undefined
Dear Samir,
If you have already put down your papers with 60 day notice, then there is no point to go for legal action.
And had you not given the resign then you would have proceeded as I said in my previous reply. And staying in the company and taking legal action against it , will not bring good days for you in the company for sure. Because the management wont like an employee who will take legal action against it and they will be continuously harassing you.
So its better, negotiate with them, request them to give you some days till the time you get new job and leave the company with a good note because you never know, in future this company may be of some help of yours. Dont forget you have worked for 2 years with them, so after joining a new company,. for ex-employer verification, you will need their help.
From India, Delhi
If you have already put down your papers with 60 day notice, then there is no point to go for legal action.
And had you not given the resign then you would have proceeded as I said in my previous reply. And staying in the company and taking legal action against it , will not bring good days for you in the company for sure. Because the management wont like an employee who will take legal action against it and they will be continuously harassing you.
So its better, negotiate with them, request them to give you some days till the time you get new job and leave the company with a good note because you never know, in future this company may be of some help of yours. Dont forget you have worked for 2 years with them, so after joining a new company,. for ex-employer verification, you will need their help.
From India, Delhi
Dear Sojan, below are contains word to word written on letter received from HR.
We providing with a fifth & final opportunity to qualify in this exam attempt, the organisation reserve the right to take disciplinary action against you,up to & including termination of ur employment.
Is this means termination letter .
He forced me to keep the resign mention this as termination letter.
Hence I have kept 60 days notice..but my boss is ready to revoke the same...if am going to fight with Hr..
Pls guide what should I do..
From India, undefined
We providing with a fifth & final opportunity to qualify in this exam attempt, the organisation reserve the right to take disciplinary action against you,up to & including termination of ur employment.
Is this means termination letter .
He forced me to keep the resign mention this as termination letter.
Hence I have kept 60 days notice..but my boss is ready to revoke the same...if am going to fight with Hr..
Pls guide what should I do..
From India, undefined
Also please guide me in which court should I go.. Labour court ..I working as sale manager in insurance company..did I fall under worker rules & regulation..
From India, undefined
From India, undefined
Dear Samir
As you have mentioned that the exam was not that much hard, it was a normal exam then why it was not cleared till the 5th attempt, which indirectly states your unwillingness to clear it, you have not take the exam seriously which is a code of misconduct, the company may initiate a domestic enquiry and disciplinary action can be taken against you for the misconduct. Please let the forum know whether such enquiry has taken place and if yes what was the outcome of such enquiry.
From India, Ahmadabad
As you have mentioned that the exam was not that much hard, it was a normal exam then why it was not cleared till the 5th attempt, which indirectly states your unwillingness to clear it, you have not take the exam seriously which is a code of misconduct, the company may initiate a domestic enquiry and disciplinary action can be taken against you for the misconduct. Please let the forum know whether such enquiry has taken place and if yes what was the outcome of such enquiry.
From India, Ahmadabad
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