Dear Members,

NEED YOUR ATTENTION AND URGENT HELP TO RECOVER DUES AS WELL AS FAIR COMPENSATION AGAINST AN UNFAIR TERMINATION.

One of my family members and seniors joined an organization owned by a well-known personality. They provided completely false information and misleading projections about the job profile.

It was a senior role for business development with proper resources and a team, whereas it turned out to be a basic hardcore sales role with no resources and no team support. Even making random telephone calls to find prospect buyers, etc. There were no written KRA, no written targets, no written documents related to company policies, etc. The only thing was to earn the salary by making enough sales per month.

The appointment letter was given after joining and before joining only a Letter of Intent (LOI). It was a fixed-term contractual appointment for 3 years with a very shocking condition regarding resignation/termination; i.e., 6 months' salary only from the employee's side and 1 month's notice or salary from the employer's side, and that too without any reason at any time.

During 5 months of working, unprofessional treatment and remarks were passed not only in the office but also at home.

On many occasions, serious threats of termination were made, also pressuring to work on half salary or work on commission from home in a totally unethical manner.

Finally, when the ex-employee returned to the company, he was asked to leave immediately, and a termination order was served on the grounds of unsatisfactory performance. Dues as per the appointment letter were not paid, i.e., one month's notice. It was like adding insult to injury.

He left his previous job due to their casual hiring. It seems that the company was never serious about his employment and had malafide intentions from the beginning. Some companies have no fear or know-how of legal rules pertaining to employee rights. He has all the proofs to justify his claim.

Seeking inputs from the group members to: a) recover dues, b) demand suitable compensation, c) revoke termination.

If required, a legal fight can be pursued without any hesitation, as the family is upset over such casual behavior and lack of care and concern towards the employee's career.

We can come, discuss, and present everything to the lawyers dealing with such cases.

Thanks and looking forward to help on this matter.

Best regards,

Mayuri Khanna

From India, New Delhi
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If this person has been employed with supervisory or managerial powers with at least one person reporting to him, there is no way by which he can get justice because the contract of employment on which his relationship with the employer (company) was built speaks about only one month notice or one month pay for terminating the contract of employment by the employer. Here documentary evidence will have preferences over whatever was told to him before joining.

At the same time, had he been a worker without any supervisory powers, the situation would be different. In such a situation, the provisions of the Industrial Disputes Act will supersede the terms of the appointment letter. Though the employer can terminate an employee during probation without assigning any reason, once the reason is specified to be non-performance, he should be given an opportunity to be heard. If he was not given time to improve his performance, the termination shall become illegal.

Madhu.T.K

From India, Kannur
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