Hi,
I was with an MNC for the past 11 years in the same company; there was an issue with the medical bills claimed by him, and it was not a huge amount. Immediately, the company has terminated me, and my relieving letter also states that I am terminated. I have two questions to be cleared by senior people:
1. Is it fair for my company to terminate me for such a simple reason and spoil my career? Can I not fight with them?
2. Will I be able to get a job now that my relieving letter is scrutinized?
I am eagerly awaiting your reply.
From India, Madras
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I was with an MNC for the past 11 years in the same company; there was an issue with the medical bills claimed by him, and it was not a huge amount. Immediately, the company has terminated me, and my relieving letter also states that I am terminated. I have two questions to be cleared by senior people:
1. Is it fair for my company to terminate me for such a simple reason and spoil my career? Can I not fight with them?
2. Will I be able to get a job now that my relieving letter is scrutinized?
I am eagerly awaiting your reply.
From India, Madras
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Dear friend,
Replies to your query are as below:
1. Is it fair for my company to terminate for such a simple reason and spoil my career, can I not fight with them?
When it comes to employee integrity, no company will compromise on this. It is not a "such simple reason" as you say. Your management wanted to send a signal to all the serving employees about what will happen if they involve in any unethical activities. In the process, you have become their scapegoat. However, the essence of the law lies in psychological deterrence more than its application. By terminating you, they have also sent a signal that they do not consider the length of service when delivering justice. They are driven more by the head than the heart. However, the method of termination should be legal. Did they conduct a domestic inquiry? Did they give you a chance to defend your position? After the inquiry, did they issue a 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 a matter of luck. In small companies, they may not check the relieving letter, but in big companies, they surely will. You may approach them and ask for leniency regarding the relieving letter and request them to drop the word "termination" and issue a fresh relieving letter.
As a third party, I have tried to assess the situation objectively without involving my emotions. I have no intention to hurt your feelings.
Thanks,
Dinesh V Divekar
From India, Bangalore
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8032Replies to your query are as below:
1. Is it fair for my company to terminate for such a simple reason and spoil my career, can I not fight with them?
When it comes to employee integrity, no company will compromise on this. It is not a "such simple reason" as you say. Your management wanted to send a signal to all the serving employees about what will happen if they involve in any unethical activities. In the process, you have become their scapegoat. However, the essence of the law lies in psychological deterrence more than its application. By terminating you, they have also sent a signal that they do not consider the length of service when delivering justice. They are driven more by the head than the heart. However, the method of termination should be legal. Did they conduct a domestic inquiry? Did they give you a chance to defend your position? After the inquiry, did they issue a 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 a matter of luck. In small companies, they may not check the relieving letter, but in big companies, they surely will. You may approach them and ask for leniency regarding the relieving letter and request them to drop the word "termination" and issue a fresh relieving letter.
As a third party, I have tried to assess the situation objectively without involving my emotions. I have no intention to hurt your feelings.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Hi Dinesh,
I am glad you have put the points in a very clear way. Regarding the domestic conduct, I really didn't get it. However, the HR has asked me for an explanation. I have explained that I didn't do it, but there is a possibility that the person who handed me the bills might have made some adjustments to them. They have requested me to put it on paper and hand it over to HR. I have also requested a couple of times for the organization to reconsider the relieving letter without the word "termination". They have not considered it yet, but they are yet to provide me with the letter. Please help me with how to proceed.
Secondly, when it comes to small companies, how should I approach them and how can I identify who they are?
From India, Madras
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I am glad you have put the points in a very clear way. Regarding the domestic conduct, I really didn't get it. However, the HR has asked me for an explanation. I have explained that I didn't do it, but there is a possibility that the person who handed me the bills might have made some adjustments to them. They have requested me to put it on paper and hand it over to HR. I have also requested a couple of times for the organization to reconsider the relieving letter without the word "termination". They have not considered it yet, but they are yet to provide me with the letter. Please help me with how to proceed.
Secondly, when it comes to small companies, how should I approach them and how can I identify who they are?
From India, Madras
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Dear friend,
They may not issue a relieving letter without mentioning the word "termination" in it. Because if tomorrow the aggrieved employee were to approach the labor court, they will run into trouble.
What can you do now? You have not clearly replied to my questions. Has your company conducted the domestic enquiry? If yes, 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 labor matters. What about your company? You can approach a good lawyer who handles labor matters and explain the whole incident to him. If the lawyer is able to point out any loophole in your case, then you can challenge the decision of your management in the labor court.
In the meanwhile, check with your lawyer whether you can approach the labor office of your area and submit an application for revoking your termination. In such a case, the labor officer calls both parties, understands the case, and may call it an industrial dispute. The labor officer may give a verdict that favors either side. However, this verdict is not binding on either party. The aggrieved worker can approach the labor court challenging the verdict of the labor officer or the decision of the management. Nevertheless, this is a proper procedure because in a few cases, labor courts have dismissed the cases as the normal grievance handling mechanism created by the government was bypassed. Sometimes labor courts have admitted the cases even though this procedure was not followed.
Approaching the labor court is quite a jarring experience. You may get justice, but you may also have to wait for decades. Be prepared for that and don't allow your patience to run out. However, there are cases where the court treated the dismissal as null and void, or the domestic enquiry itself as null and void, and employees were reinstated with full back wages. It all depends on the direction in which the case progresses.
Though I have shared my views, I am not aware of any fallacy in them. I have been reading labor magazines for quite some time, and my views are based on the extracts of the verdicts given by the labor courts. There are legal experts who are members of this forum, and they may offer their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
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They may not issue a relieving letter without mentioning the word "termination" in it. Because if tomorrow the aggrieved employee were to approach the labor court, they will run into trouble.
What can you do now? You have not clearly replied to my questions. Has your company conducted the domestic enquiry? If yes, 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 labor matters. What about your company? You can approach a good lawyer who handles labor matters and explain the whole incident to him. If the lawyer is able to point out any loophole in your case, then you can challenge the decision of your management in the labor court.
In the meanwhile, check with your lawyer whether you can approach the labor office of your area and submit an application for revoking your termination. In such a case, the labor officer calls both parties, understands the case, and may call it an industrial dispute. The labor officer may give a verdict that favors either side. However, this verdict is not binding on either party. The aggrieved worker can approach the labor court challenging the verdict of the labor officer or the decision of the management. Nevertheless, this is a proper procedure because in a few cases, labor courts have dismissed the cases as the normal grievance handling mechanism created by the government was bypassed. Sometimes labor courts have admitted the cases even though this procedure was not followed.
Approaching the labor court is quite a jarring experience. You may get justice, but you may also have to wait for decades. Be prepared for that and don't allow your patience to run out. However, there are cases where the court treated the dismissal as null and void, or the domestic enquiry itself as null and void, and employees were reinstated with full back wages. It all depends on the direction in which the case progresses.
Though I have shared my views, I am not aware of any fallacy in them. I have been reading labor magazines for quite some time, and my views are based on the extracts of the verdicts given by the labor courts. There are legal experts who are members of this forum, and they may offer their opinions.
Ok...
Dinesh V Divekar
From India, Bangalore
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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
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From India, Madras
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Hi Dinesh,
In continuation of the discussion, I have successfully completed all 3 levels of interviews with a reputed MNC. However, an issue has arisen with the new organization's HR department. The relieving letter from my previous employer contains the word "termination," causing concern for the new employer. I am currently trying to explain the situation to them. Additionally, I have references from high-level contacts in my previous organization.
Is there any way to convince the new employer and secure the job? Your prompt assistance on this matter would be greatly appreciated.
Thank you.
From India, Madras
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In continuation of the discussion, I have successfully completed all 3 levels of interviews with a reputed MNC. However, an issue has arisen with the new organization's HR department. The relieving letter from my previous employer contains the word "termination," causing concern for the new employer. I am currently trying to explain the situation to them. Additionally, I have references from high-level contacts in my previous organization.
Is there any way to convince the new employer and secure the job? Your prompt assistance on this matter would be greatly appreciated.
Thank you.
From India, Madras
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