Hi,
I was with a MNC for the past 11 years int he same company,ther was an issue in the medical bills claimed by him and it was not a huge amt. Immidietley company ahs termianted me and my relieving letter also states that I am terminated.I have to questions to be cleared from senior people
1. Is it fair on my company to termiante for such simple reason and spoil my career , can I not fight with them
2. Will I get a job now as my relieving letter is scrutinized??
awaiting your reply desperately
From India, Madras
I was with a MNC for the past 11 years int he same company,ther was an issue in the medical bills claimed by him and it was not a huge amt. Immidietley company ahs termianted me and my relieving letter also states that I am terminated.I have to questions to be cleared from senior people
1. Is it fair on my company to termiante for such simple reason and spoil my career , can I not fight with them
2. Will I get a job now as my relieving letter is scrutinized??
awaiting your reply desperately
From India, Madras
Dear friend,
Replies to your query are as below:
1. Is it fair on my company to termiante for such simple reason and spoil my career , can I not fight with them.
When it comes to employee integrity, no company will comprise with this. It is not a "such simple reason" as you say so. Your management wanted to send a signal to all the serving employees that what will remain in store for them if they involve in any unethical activities. In the bargain you have become their scapegoat. But then essence of law lies in psychological deterrence more than its application. By terminating you they also have sent a signal that they do not take into account the length of service while doing justice. They are driven by head than heart.
However, method of termination should be legal. Did they conduct the domestic enquiry? Did they give you chance to defend your position? After the enquiry, did they issue show cause notice to you? You can challenge your termination if the principles of natural justice are not followed.
2. Will I get a job now as my relieving letter is scrutinized??
This is purely your luck. In small companies they may not check relieving letter but in big companies they will do it surely. You may approach them and ask for leniency as far as relieving letter is concerned and ask them to drop this word termination and issue the fresh relieving letter.
As a third party, I have tried assessing the situation objectively without involving my emotions. I have no intention to hurt your feelings.
Thanks,
Dinesh V Divekar
From India, Bangalore
7884Replies to your query are as below:
1. Is it fair on my company to termiante for such simple reason and spoil my career , can I not fight with them.
When it comes to employee integrity, no company will comprise with this. It is not a "such simple reason" as you say so. Your management wanted to send a signal to all the serving employees that what will remain in store for them if they involve in any unethical activities. In the bargain you have become their scapegoat. But then essence of law lies in psychological deterrence more than its application. By terminating you they also have sent a signal that they do not take into account the length of service while doing justice. They are driven by head than heart.
However, method of termination should be legal. Did they conduct the domestic enquiry? Did they give you chance to defend your position? After the enquiry, did they issue show cause notice to you? You can challenge your termination if the principles of natural justice are not followed.
2. Will I get a job now as my relieving letter is scrutinized??
This is purely your luck. In small companies they may not check relieving letter but in big companies they will do it surely. You may approach them and ask for leniency as far as relieving letter is concerned and ask them to drop this word termination and issue the fresh relieving letter.
As a third party, I have tried assessing the situation objectively without involving my emotions. I have no intention to hurt your feelings.
Thanks,
Dinesh V Divekar
From India, Bangalore
Hi Dinesh
I am glad you have the put the points ina very clear way. Regarding the domestic conduct i really didnt get it but I the HR has asked me about the explaination. I have told that the I didnt do it but there is a possibility the person who has handed over me the bills might have done some adjustment to the bills.
So they asked me put in a paper and hand over to HR.Also I have request couple of timesd to the organisation in reconsidering the releiving letter without the word "termiantion".
They didnt consider,now but they are yet to give me the letter
Please do help on how do i go about.
Secondly , coming to small compies how do I approach them and how do I get to know who are they?
From India, Madras
I am glad you have the put the points ina very clear way. Regarding the domestic conduct i really didnt get it but I the HR has asked me about the explaination. I have told that the I didnt do it but there is a possibility the person who has handed over me the bills might have done some adjustment to the bills.
So they asked me put in a paper and hand over to HR.Also I have request couple of timesd to the organisation in reconsidering the releiving letter without the word "termiantion".
They didnt consider,now but they are yet to give me the letter
Please do help on how do i go about.
Secondly , coming to small compies how do I approach them and how do I get to know who are they?
From India, Madras
Dear friend,
They may not issue relieving letter without mentioning the word termination in it. Because if tomorrow if the aggrieved employee were to approach labour court, they will come in trouble.
What you can do now? - You have not replied my questions clearly. Has your company conducted the domestic enquiry? If yes then was it fair or was it vitiated in any manner? In that case you can challenge the dismissal.
Conducting domestic enquiries is no easy task. One has to be quite cautious in conducting it. Indian manufacturing companies are quite experienced in conducting foolproof enquiries or handling labour matters. What about your company? You can approach some good lawyer who handles labour matters and explain him the whole incident. If lawyer is able to point out some loophole in your case, then you can challenge the decision of your management in labour court.
In the meanwhile, check with your lawyer whether you can approach labour office of your area and put up application for revoking your termination. In such case, labour officer calls both the parties, understands the case. He may call it as industrial dispute. He may give a verdict which favours either side. However, this verdict is not binding on either party. The aggrieved worker can approach the labour court challenging the verdict of the labour officer or the decision of the management. Nevertheless, this is a perfect procedure because in few cases labour courts have dismissed the cases as the normal grievance handling mechanism that government has created was bypassed. Sometimes labour courts have admitted the cases though this procedure was not followed.
Approaching labour court is quite jarring one. You may get justice but then you may have to wait for decades also. Be prepared for that and don't allow your patience to run out. But then there are cases of court treating dismissal null and void or domestic enquiry itself null and void and employees were reinstated with full back wages. It all depends on the direction in which the case goes.
Though I have mentioned my views, I don't know their fallacy. I have been reading labour magazines quite some time and views are based on the extracts of the verdict given by the labour courts. There are legal experts who are members of this forum and they may give their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
They may not issue relieving letter without mentioning the word termination in it. Because if tomorrow if the aggrieved employee were to approach labour court, they will come in trouble.
What you can do now? - You have not replied my questions clearly. Has your company conducted the domestic enquiry? If yes then was it fair or was it vitiated in any manner? In that case you can challenge the dismissal.
Conducting domestic enquiries is no easy task. One has to be quite cautious in conducting it. Indian manufacturing companies are quite experienced in conducting foolproof enquiries or handling labour matters. What about your company? You can approach some good lawyer who handles labour matters and explain him the whole incident. If lawyer is able to point out some loophole in your case, then you can challenge the decision of your management in labour court.
In the meanwhile, check with your lawyer whether you can approach labour office of your area and put up application for revoking your termination. In such case, labour officer calls both the parties, understands the case. He may call it as industrial dispute. He may give a verdict which favours either side. However, this verdict is not binding on either party. The aggrieved worker can approach the labour court challenging the verdict of the labour officer or the decision of the management. Nevertheless, this is a perfect procedure because in few cases labour courts have dismissed the cases as the normal grievance handling mechanism that government has created was bypassed. Sometimes labour courts have admitted the cases though this procedure was not followed.
Approaching labour court is quite jarring one. You may get justice but then you may have to wait for decades also. Be prepared for that and don't allow your patience to run out. But then there are cases of court treating dismissal null and void or domestic enquiry itself null and void and employees were reinstated with full back wages. It all depends on the direction in which the case goes.
Though I have mentioned my views, I don't know their fallacy. I have been reading labour magazines quite some time and views are based on the extracts of the verdict given by the labour courts. There are legal experts who are members of this forum and they may give their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
Hi DInesh, Can you please explain me more on "domestic enquiry? If yes then was it fair or was it vitiated in any manner? In that case you can challenge the dismissal." Regards
From India, Madras
From India, Madras
Hi Dinesh,
In continuation to the discussion, I am able to get through a reputed MNC in all 3 levels of interview.Now the issue is with the new org HR, as the relieving letter will have the word termiantion ,the new employer is not very keen to take me.Iam trying to explain them the scenario.Also I have references from my earlier organisation at a high level.Is there anyway out to convince them and get into the job?.Please help on this As soon as possible.
From India, Madras
In continuation to the discussion, I am able to get through a reputed MNC in all 3 levels of interview.Now the issue is with the new org HR, as the relieving letter will have the word termiantion ,the new employer is not very keen to take me.Iam trying to explain them the scenario.Also I have references from my earlier organisation at a high level.Is there anyway out to convince them and get into the job?.Please help on this As soon as possible.
From India, Madras
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Resignation cum relieving letter.doc