I was working with an MNC for the last 5+ years. My performance has been satisfactory. There is not a single complaint regarding my work, behavior, punctuality, etc. I 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 a relieving letter ready and asked me to sign it. Under pressure, I signed it.
Please advise legally on how I can reclaim my honor and compensation. I have been jobless since then and facing a financial crisis. If I approach court, how long will it take to solve this case? I have a contract, offer letter, and relieving letters (photocopy) with me.
From India, Pune
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Please advise legally on how I can reclaim my honor and compensation. I have been jobless since then and facing a financial crisis. If I approach court, how long will it take to solve this case? I have a contract, offer letter, and relieving letters (photocopy) with me.
From India, Pune
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Dear Saurabh,
What has happened with you is unfortunate. Nevertheless, we need a little more information. The questions are as below:
a) What is your designation? How many persons report to you? We need this information to assess whether you fall within the purview of the Industrial Disputes Act, 1947.
b) Did your company conduct any inquiry? 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, a lot of retrenchment is happening in IT companies owing to robotics, automation, etc. Did your company get affected because of the technological changes?
e) Did you have a difference of opinion or disagreement with somebody from the client side? Did you unintentionally press someone's wrong nerve?
f) You have completed more than five years in the current company. Therefore, you are eligible for gratuity. Has your company paid the gratuity and other terminal benefits?
Final comments: It would be too early to say whether it is an appropriate approach for the labor court. Litigation is fine, but then court cases in India drag on for years. You could get exhausted making rounds to the labor court, and even if you win a case, the spirit of victory may be lost by then. Secondly, you could be applying for new jobs. Please note that no HR would like to hire a job candidate who is in a court case against their ex-employer.
In the meanwhile, you may find out where the Labor Office of your area is located. Just visit and find out the visiting hours, procedure for filing a complaint, etc.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219What has happened with you is unfortunate. Nevertheless, we need a little more information. The questions are as below:
a) What is your designation? How many persons report to you? We need this information to assess whether you fall within the purview of the Industrial Disputes Act, 1947.
b) Did your company conduct any inquiry? 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, a lot of retrenchment is happening in IT companies owing to robotics, automation, etc. Did your company get affected because of the technological changes?
e) Did you have a difference of opinion or disagreement with somebody from the client side? Did you unintentionally press someone's wrong nerve?
f) You have completed more than five years in the current company. Therefore, you are eligible for gratuity. Has your company paid the gratuity and other terminal benefits?
Final comments: It would be too early to say whether it is an appropriate approach for the labor court. Litigation is fine, but then court cases in India drag on for years. You could get exhausted making rounds to the labor court, and even if you win a case, the spirit of victory may be lost by then. Secondly, you could be applying for new jobs. Please note that no HR would like to hire a job candidate who is in a court case against their ex-employer.
In the meanwhile, you may find out where the Labor Office of your area is located. Just visit and find out the visiting hours, procedure for filing a complaint, etc.
Thanks,
Dinesh Divekar
From India, Bangalore
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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, it's 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 monetary loss due to sudden unemployment and disgrace (injustice) done to me. Also, I understand Labor laws/courts are useless to me. Pl. suggest alternative.
From India, Pune
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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, it's 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 monetary loss due to sudden unemployment and disgrace (injustice) done to me. Also, I understand Labor laws/courts are useless to me. Pl. suggest alternative.
From India, Pune
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Dear Saurabh,
If the company has given you the relieving letter, then this solves your problem at least to the extent of searching for a new job. Your company has put up that hurdle; this, in itself, is a positive feature.
What I could not understand is why your company terminated you. Have you spoken with your Manager? Why was your Manager a silent spectator when everything was going on? Terminations of this kind do not happen unless the Manager is taken into confidence. If you were an Assistant Sales Manager, then what was your performance? Could you meet the sales target? If there was a shortfall, then by what percentage? Did you fail to manage the performance of any of the Sales Engineers? Did any of the Sales Engineers commit a grave mistake, and was it attributed to your poor supervision?
What was the logic behind 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 are terminated. Have layoffs started in your company, and are you the first one to come on the chopping block?
Lastly, as I have stated in my previous post, approach the 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." I hope you do not take a 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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If the company has given you the relieving letter, then this solves your problem at least to the extent of searching for a new job. Your company has put up that hurdle; this, in itself, is a positive feature.
What I could not understand is why your company terminated you. Have you spoken with your Manager? Why was your Manager a silent spectator when everything was going on? Terminations of this kind do not happen unless the Manager is taken into confidence. If you were an Assistant Sales Manager, then what was your performance? Could you meet the sales target? If there was a shortfall, then by what percentage? Did you fail to manage the performance of any of the Sales Engineers? Did any of the Sales Engineers commit a grave mistake, and was it attributed to your poor supervision?
What was the logic behind 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 are terminated. Have layoffs started in your company, and are you the first one to come on the chopping block?
Lastly, as I have stated in my previous post, approach the 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." I hope you do not take a 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