Hi !
I had joined a Company on 16th August and on 20th August, they asked me to leave the Company by saying that we are not comfortable with you. I had joined this Company after leaving a good organisation and rejected a offer. Can you please let me know what actions can I take against the Company. I have offer letter with me but the Company has not provided the Appointment Letter.
Thanks and Regards,
From India, Delhi
I had joined a Company on 16th August and on 20th August, they asked me to leave the Company by saying that we are not comfortable with you. I had joined this Company after leaving a good organisation and rejected a offer. Can you please let me know what actions can I take against the Company. I have offer letter with me but the Company has not provided the Appointment Letter.
Thanks and Regards,
From India, Delhi
Dear Rakesh,
You can not take any legal actions until you have any Official Documents which can prove your joining with company. You can go for legal steps based on one or some of the following documents.
1. Copy of Joining Report if you have filled.
2. Appointment Letter
3. Record of Attendance if you can arrange for the same
4. Other records such as Induction Training Records, P.F. Enrollment Form, Gratuity Enrollment form, ESI Enrollment Form but all the forms must be signed by Authorised Signatory of Company,
5. If visiting cards have been allotted to you.
6. If any authorised information regarding your joining passed on to other Depts. or Dept. Heads or Management by any Senior Personnel of company.
On producing the some of the documents to the Labor Commissioner, you can get some relief if he can understand your situation properly.
Otherwise until you have Appointment Letter, you can not take any actions against the company.
If you can prove yourself, you are eligible to get your job back with the charges paid to lawyer and Labor Court or others. You can also charge for the fine to the company and company has to deposit the amount decided by Hon'ble court.
Regards,
HIMANSHU PARMAR
Sr. Executive - H.R.
MTIL - Vadodara
From India, Vadodara
You can not take any legal actions until you have any Official Documents which can prove your joining with company. You can go for legal steps based on one or some of the following documents.
1. Copy of Joining Report if you have filled.
2. Appointment Letter
3. Record of Attendance if you can arrange for the same
4. Other records such as Induction Training Records, P.F. Enrollment Form, Gratuity Enrollment form, ESI Enrollment Form but all the forms must be signed by Authorised Signatory of Company,
5. If visiting cards have been allotted to you.
6. If any authorised information regarding your joining passed on to other Depts. or Dept. Heads or Management by any Senior Personnel of company.
On producing the some of the documents to the Labor Commissioner, you can get some relief if he can understand your situation properly.
Otherwise until you have Appointment Letter, you can not take any actions against the company.
If you can prove yourself, you are eligible to get your job back with the charges paid to lawyer and Labor Court or others. You can also charge for the fine to the company and company has to deposit the amount decided by Hon'ble court.
Regards,
HIMANSHU PARMAR
Sr. Executive - H.R.
MTIL - Vadodara
From India, Vadodara
Dear Rakesh,
Himanshu has given you detailed and accurate reply.
If you can provide any of the above documentations than we can think and guide you about the future course of action. So reply and tell what you have. Than atleast you can challenge this, and who knows the result comes in your favor.
Offcourse it is unfair labour practce most commonly practiced by lala type companies. You have lost what you can, so my advice is fight till last ray of hope is there, and this will teach them a lesson as well as if things comes in your favor you will win the lost ground.
All the best,
Bibhutosh Bhadauria
From Australia, Balwyn
3Himanshu has given you detailed and accurate reply.
If you can provide any of the above documentations than we can think and guide you about the future course of action. So reply and tell what you have. Than atleast you can challenge this, and who knows the result comes in your favor.
Offcourse it is unfair labour practce most commonly practiced by lala type companies. You have lost what you can, so my advice is fight till last ray of hope is there, and this will teach them a lesson as well as if things comes in your favor you will win the lost ground.
All the best,
Bibhutosh Bhadauria
From Australia, Balwyn
Mr. Rakesh Bhatia
I don't think any remedy under labour laws, because you was offered as executive in HR. So any labour commissioner or labour court will not entertain you, unless you are comming under worker
Only remedy is to file civil case, but for that you must have all the papers, as rightly said by above two friends
Thanks and regards
MM KULKARNI
From India, Pune
I don't think any remedy under labour laws, because you was offered as executive in HR. So any labour commissioner or labour court will not entertain you, unless you are comming under worker
Only remedy is to file civil case, but for that you must have all the papers, as rightly said by above two friends
Thanks and regards
MM KULKARNI
From India, Pune
dear brother
it is not only unfair but it is criminal .. if it goes like this the social life will be disturbed and the people will be forced to take unlawful means for redressal. So we all hr fraternity must come forward to help the poor guy.
who knows one day it may happen with any of us..?
Dear brother which company is this please tell.....
thanks
sanjeev
From India
it is not only unfair but it is criminal .. if it goes like this the social life will be disturbed and the people will be forced to take unlawful means for redressal. So we all hr fraternity must come forward to help the poor guy.
who knows one day it may happen with any of us..?
Dear brother which company is this please tell.....
thanks
sanjeev
From India
Dear Brother,
We employees, have multiple options. You have studied and cemented your professional platform not only to join this company. There is a good company in seek of you ! Try to find it and come out of this organization with a raised head.
Best of luck
REGARDS
Mt.Carmel
From India, Mumbai
We employees, have multiple options. You have studied and cemented your professional platform not only to join this company. There is a good company in seek of you ! Try to find it and come out of this organization with a raised head.
Best of luck
REGARDS
Mt.Carmel
From India, Mumbai
Re: Asked me to leave the Comany within 4 days Dear Brother, At manager level such disputes come under 'Inspector, Shopes & Establishments', as pay case. You may like to try there. Best wishes. TKG
From India, Calcutta
From India, Calcutta
Hi,
Please declare the name of the copmany and responsible people working in the organization so that other people can be alerted. Bu before that please check you behaviour, action and competencies required for them Did you overprojected yourslef during an interview? However, they should not have ask you to go within 4 days. As per the offer/appountment letter you must be on probation for 3/6 months and they should have given you this time to improve.
Regards,
Vinod Bidwaik
From India, Pune
Please declare the name of the copmany and responsible people working in the organization so that other people can be alerted. Bu before that please check you behaviour, action and competencies required for them Did you overprojected yourslef during an interview? However, they should not have ask you to go within 4 days. As per the offer/appountment letter you must be on probation for 3/6 months and they should have given you this time to improve.
Regards,
Vinod Bidwaik
From India, Pune
Dear Rakesh,
What has happened with you is really horrible. However, as told by Mr Vinod Bidwaik, please reflect on those four days. Did you rub any one wrong way especially the head of your function? He/she might have thought that instead of towing this liability, let me get rid of it right away!
For Mr Vinod Bidwaik: - You have written that "Bu before that please check you behaviour, action and competencies required for them Did you overprojected yourslef during an interview?"
If the person employed is terminated because of (lack of) competencies required or over-projection during the interview then it is purely a fault of the (so called) interviewers. In that case we cannot blame Rakesh. Recruitment and selection is not child's play. If the company failed to detect certain competencies, then it was not competency-based recruitment and company should have given proper separation allowance as applicable to the permanent employees.
This is not isolated incident that has come up in this forum. You may refer the following link. It's a classic example of how HR was ineffective and played second fiddle to the boss. It could be true in Rakesh's case also.
https://www.citehr.com/107976-urgent...its-right.html
Thanks,
Dinesh V Divekar
From India, Bangalore
What has happened with you is really horrible. However, as told by Mr Vinod Bidwaik, please reflect on those four days. Did you rub any one wrong way especially the head of your function? He/she might have thought that instead of towing this liability, let me get rid of it right away!
For Mr Vinod Bidwaik: - You have written that "Bu before that please check you behaviour, action and competencies required for them Did you overprojected yourslef during an interview?"
If the person employed is terminated because of (lack of) competencies required or over-projection during the interview then it is purely a fault of the (so called) interviewers. In that case we cannot blame Rakesh. Recruitment and selection is not child's play. If the company failed to detect certain competencies, then it was not competency-based recruitment and company should have given proper separation allowance as applicable to the permanent employees.
This is not isolated incident that has come up in this forum. You may refer the following link. It's a classic example of how HR was ineffective and played second fiddle to the boss. It could be true in Rakesh's case also.
https://www.citehr.com/107976-urgent...its-right.html
Thanks,
Dinesh V Divekar
From India, Bangalore
I am of the opinion that, you have a remedy available under civil suit for non issuance of appointment order, when there is an offer letter, which has already been issued to you, and which clearly speaks that Appointment Order will be issued to you on report / joining duty . You should prefer / claim damages / loss due to non compliance / implementation of promise, and for the mental agony you are facing due to loss of earlier employment based on such false promise. You may also check with your advocate whether it is possible to file a Writ of Certiorari / direction before the Jurisdiction of High Court?
From India, Madras
From India, Madras
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