I am doing my job in one of the US-based MNC companies since May 2016. Suddenly, one day during my night shift on 26-7-2017, an HR manager and a safety officer came for a night round check. They caught a security officer and a production executive sleeping. At that time, I was suffering from a toothache and took medicine while sitting on my chair in a relaxed position. They saw me outside the office and assumed I was also sleepy, although I was not asleep. When my colleague called me, I stood up from my chair, and that's when the HR manager and safety executive saw me, assuming I had been sleeping before that.
For that reason, they called me to the HR office the next day to inquire about the previous night. I explained the situation to them, mentioning that the machines had stopped due to the ongoing product cleaning work. They informed me that they would discuss the incident with higher authorities to decide on the course of action. Before this incident, I had not been involved in any misbehavior or received any notices from the employer.
However, the following day, they called me to the HR office along with my reporting manager and informed me that the higher authority had decided to terminate my employment due to this incident. They gave me an option to resign if I did not want to be terminated. Feeling scared due to the severe action taken, I followed their instructions and resigned.
Now, I feel that the decision was unjust. What can I do????
From India, Vadodara
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For that reason, they called me to the HR office the next day to inquire about the previous night. I explained the situation to them, mentioning that the machines had stopped due to the ongoing product cleaning work. They informed me that they would discuss the incident with higher authorities to decide on the course of action. Before this incident, I had not been involved in any misbehavior or received any notices from the employer.
However, the following day, they called me to the HR office along with my reporting manager and informed me that the higher authority had decided to terminate my employment due to this incident. They gave me an option to resign if I did not want to be terminated. Feeling scared due to the severe action taken, I followed their instructions and resigned.
Now, I feel that the decision was unjust. What can I do????
From India, Vadodara
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Yes, sir.
Your position is very delicate. Post in your words: night duty watch and ward, especially undoubtedly. Like cricket, anything can happen at any time. No excuse.
Ok, it's right or wrong, things happen. Your version usually is not believed by anyone. Ok, we are all humans, not robots, so sleeping may happen during duty time. Our concern is only for the gravity of punishment.
Are you directly employed by the company itself, or through a contract security agency? If the second one, no option. If first, you belong to the company. The company should think again to decrease the final punishment. Actually, the company has no right to compel anyone to give a resignation letter. It's an offense. What actually happened, we don't know. Usually, a worker refuses to accept his mistake, even if he does, like management challenges, torn papers, refuse to receive memos. So, management should rethink going for such a final punishment. Due to this, no loss happened luckily at that time, so a final punishment is not necessary. Heavy actions can be taken.
Actually, labor laws and court judgments are against the imposition of termination for this kind of simple causes. So, the ill-fated worker can be immediately advised to approach the labor department or labor court. Monetary benefits can be gained.
From India, Nellore
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69Your position is very delicate. Post in your words: night duty watch and ward, especially undoubtedly. Like cricket, anything can happen at any time. No excuse.
Ok, it's right or wrong, things happen. Your version usually is not believed by anyone. Ok, we are all humans, not robots, so sleeping may happen during duty time. Our concern is only for the gravity of punishment.
Are you directly employed by the company itself, or through a contract security agency? If the second one, no option. If first, you belong to the company. The company should think again to decrease the final punishment. Actually, the company has no right to compel anyone to give a resignation letter. It's an offense. What actually happened, we don't know. Usually, a worker refuses to accept his mistake, even if he does, like management challenges, torn papers, refuse to receive memos. So, management should rethink going for such a final punishment. Due to this, no loss happened luckily at that time, so a final punishment is not necessary. Heavy actions can be taken.
Actually, labor laws and court judgments are against the imposition of termination for this kind of simple causes. So, the ill-fated worker can be immediately advised to approach the labor department or labor court. Monetary benefits can be gained.
From India, Nellore
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Do not resign. Let the management to initiate termination. one as such can’t terminate, if they are doing so, will let you chance to take the legal action.
From India, Mumbai
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From India, Mumbai
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Sleeping is not a serious offense; on that basis, any management can't terminate the employee. On the other hand, let's wait for the management decision. If they opt for termination, you can challenge the decision in labor court, or they have to pay the notice period as per your appointment letter.
From India, Panipat
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From India, Panipat
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Dear Raj,
Please do not resign under any condition. The company cannot terminate your service for sleeping (even if you are disputing it, or even if you admit it, they cannot terminate). This is not a serious misconduct that would warrant termination. Even if the management makes an arbitrary decision to terminate you, they will lose the case in the labor court.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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Please do not resign under any condition. The company cannot terminate your service for sleeping (even if you are disputing it, or even if you admit it, they cannot terminate). This is not a serious misconduct that would warrant termination. Even if the management makes an arbitrary decision to terminate you, they will lose the case in the labor court.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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