I was working with an MNC for last 5 + years . My performance has been satisfactory. There is not a single complaint regarding my work , behaviour , punctuality etc.Have been working with utmost sincerity and honesty.One fine day they called me and asked me to resign saying , they have negative feedback from customers. If i do not resign , they will terminate my services. They had relieving letter ready. They asked me to sign it. Under pressure I signed it.Please advise legally how can I reclaim my honour and compensation.I have been jobless since then and facing financial crisis . If i approach court how long will it take to solve this case.I have contract , offer letter and relieving letters(photo copy) with me .
From India, Pune
From India, Pune
Dear Saurabh,
What has happened with you is unfortunate. Nevertheless, we need little more information. The questions are as below:
a) What is your designation? How many persons report to you? We need to this information in order to assess whether you fall within the purview of the Industrial Disputes Act, 1947.
b) Did your company conduct any enquiry? If yes, then enumerate the procedure.
c) How were your relations with your Manager? Has your manager changed in the recent past or is there any change at the top level?
d) Lately, lot of retrenchment is happening in IT companies owing to robotics, automation etc. Did your company affect because of the technological changes?
e) Did you have difference of opinion or disagreement with somebody from client side? Did you press someone's wrong nerve, although inadvertently?
f) You have completed more than five years in the current company. Therefore, you are eligible for the gratuity. Has your company paid the gratuity and other terminal benefits?
Final comments: - It would be too early to say whether it is appropriate approach labour court. Litigation is fine but then court cases in India drag on for the years together. You could get exhausted in making rounds to the labour court and even if you win a case, by the time the spirit of the victory would have been lost. Secondly, you could be applying for the new jobs. Please note that no HR would like to take on board a job candidate who is fighting court case against ex-employer.
In the meanwhile, you may find out where Labour Office of your area is located. Just have a round and find out visiting hours, procedure for filing a complaint etc.
Thanks,
Dinesh Divekar
From India, Bangalore
7879What has happened with you is unfortunate. Nevertheless, we need little more information. The questions are as below:
a) What is your designation? How many persons report to you? We need to this information in order to assess whether you fall within the purview of the Industrial Disputes Act, 1947.
b) Did your company conduct any enquiry? If yes, then enumerate the procedure.
c) How were your relations with your Manager? Has your manager changed in the recent past or is there any change at the top level?
d) Lately, lot of retrenchment is happening in IT companies owing to robotics, automation etc. Did your company affect because of the technological changes?
e) Did you have difference of opinion or disagreement with somebody from client side? Did you press someone's wrong nerve, although inadvertently?
f) You have completed more than five years in the current company. Therefore, you are eligible for the gratuity. Has your company paid the gratuity and other terminal benefits?
Final comments: - It would be too early to say whether it is appropriate approach labour court. Litigation is fine but then court cases in India drag on for the years together. You could get exhausted in making rounds to the labour court and even if you win a case, by the time the spirit of the victory would have been lost. Secondly, you could be applying for the new jobs. Please note that no HR would like to take on board a job candidate who is fighting court case against ex-employer.
In the meanwhile, you may find out where Labour Office of your area is located. Just have a round and find out visiting hours, procedure for filing a complaint etc.
Thanks,
Dinesh Divekar
From India, Bangalore
Mr.Dinesh Divekar,
Pl. find reply point wise :
a)Asst Manager (Sales).3 engineers reported to me.
b)No enquiry ,No warning letter , No verbal warning . sudden decision .
c)Relations were good. No change in his behaviour.
d)No adverse effect on company/employees due to automation, its NOT an IT company.
e)We handle customers , not a single client. Still excellent relations with customers . No complaints about me.
f) No word on terminal benefits or gratuity (i am eligible for it i know )
Please advise if I can claim compensation(via court/lok adalat) for my monetory los due to sudden
unemployment and disgrace (injustice ) done to me.
Also I undestand Labor laws/courts are useless to me . Pl. suggest alernative.
From India, Pune
Pl. find reply point wise :
a)Asst Manager (Sales).3 engineers reported to me.
b)No enquiry ,No warning letter , No verbal warning . sudden decision .
c)Relations were good. No change in his behaviour.
d)No adverse effect on company/employees due to automation, its NOT an IT company.
e)We handle customers , not a single client. Still excellent relations with customers . No complaints about me.
f) No word on terminal benefits or gratuity (i am eligible for it i know )
Please advise if I can claim compensation(via court/lok adalat) for my monetory los due to sudden
unemployment and disgrace (injustice ) done to me.
Also I undestand Labor laws/courts are useless to me . Pl. suggest alernative.
From India, Pune
Dear Saurabh,
If the company has given you the relieving letter then this solves your problem at least to the extent of searching a new job. Your company has put that hurdle, this in itself a positive feature.
What I could not understand is why your company terminated you? Have you spoken with your Manager? Why your Manager was silent spectator when everything was going on? Terminations of this kind do not happen unless Manager is taken into confidence. If you were Asst Sales Manager then what was your performance? Could you meet the sales target? If there was shortfall then it was by what per cent? Did you fail to manage performance of any of the Sales Engineer? Did any of the Sales Engineer committed a grave mistake and you it was attributed to your poor supervision?
What was the logic of your termination if there was no complaint from your Manager or customer. Someone must have double-crossed you. Try to find out what happened so that someone has gone to the extent of ensuring that your services terminated. Have layoffs have started in your company and you are the first one to come on the chopping block?
Lastly, as I have stated in my previous post, approach Labour Officer of your area and explain your problem let us see whether he shows willingness to intervene. Possibly, his interventions could come with some "price" and you should be ready to pay that "price". Hope you do not take moral stand to fob off his overtures in this aspect.
You may call me on my mobile, if you wish to.
Thanks,
Dinesh Divekar
From India, Bangalore
If the company has given you the relieving letter then this solves your problem at least to the extent of searching a new job. Your company has put that hurdle, this in itself a positive feature.
What I could not understand is why your company terminated you? Have you spoken with your Manager? Why your Manager was silent spectator when everything was going on? Terminations of this kind do not happen unless Manager is taken into confidence. If you were Asst Sales Manager then what was your performance? Could you meet the sales target? If there was shortfall then it was by what per cent? Did you fail to manage performance of any of the Sales Engineer? Did any of the Sales Engineer committed a grave mistake and you it was attributed to your poor supervision?
What was the logic of your termination if there was no complaint from your Manager or customer. Someone must have double-crossed you. Try to find out what happened so that someone has gone to the extent of ensuring that your services terminated. Have layoffs have started in your company and you are the first one to come on the chopping block?
Lastly, as I have stated in my previous post, approach Labour Officer of your area and explain your problem let us see whether he shows willingness to intervene. Possibly, his interventions could come with some "price" and you should be ready to pay that "price". Hope you do not take moral stand to fob off his overtures in this aspect.
You may call me on my mobile, if you wish to.
Thanks,
Dinesh Divekar
From India, Bangalore
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Enforcement of negative covenants in employment terms.pdf