Hi, I am working in one of the reputed group company as Manager since 18 months. Company has lot of politics for power and I have become victim of the game. I have been sidelined from my responsibility few days before. I am also getting indication that I may get termination.
As per appointment letter, company can terminate my services by giving 3 months basic salary(not gross) which is very less.
I feel it will be difficult for me to get job immediately since I am 49 year old now.
Though company belongs to reputed group, there are lot of lapses in process including appraisal. Current cycle appraisal haven't been even discussed with me.
I will appreciate if someone can guide me how to handle the situation. Can I go to labour department/court or any other suggestion.
From India, Mumbai
As per appointment letter, company can terminate my services by giving 3 months basic salary(not gross) which is very less.
I feel it will be difficult for me to get job immediately since I am 49 year old now.
Though company belongs to reputed group, there are lot of lapses in process including appraisal. Current cycle appraisal haven't been even discussed with me.
I will appreciate if someone can guide me how to handle the situation. Can I go to labour department/court or any other suggestion.
From India, Mumbai
what is your role in current assignment? what your basic job responsibility? You are designated as Manager, how many people are reporting to you? what role you play to your subordinate ? Answer to these question will you to invite few suggestions to handle the situation.
From India, Ahmadabad
1From India, Ahmadabad
Thanks for replying Mr. Khan. Let me share details,
There is team of 20 reports to me. There are 2 team leads and rest are mix of fixed term employees and outsourced ones.
My prime responsibility is to provide customer support with above team. It is some domestic process along with help desk operations.
From India, Mumbai
There is team of 20 reports to me. There are 2 team leads and rest are mix of fixed term employees and outsourced ones.
My prime responsibility is to provide customer support with above team. It is some domestic process along with help desk operations.
From India, Mumbai
Dear Atul,
If the company is giving you indications, that you are going to be terminated, then, i suggest, first start looking for a job outside immediately as you will require time to get one.
Secondly, if it has lot of political power, then even going to the labour department will not help, as there too they can exercise their power. Also, the legal procedure will take a long time to conclude and that will also hinder your prospects of landing a job.
Thirdly, before a push comes to a shovel, speak with the top management and try and convert the termination into a resignation. you can serve a 3 months notice period, by which time you can get a job.
Now coming to your query, you can go to the labour inspector, but nothing much will come out of it. Also, it is one of the management practise (a bad one) to give basic salary as notice period to reduce cost. Can challenge that, but the result will be paying you gross salary for 3 months.
It is illegal to remove a person, without reasons, but that will still not stop the company, it will create evidences which will lead to justifications of termination. Some companies, opt for these measures, if you want to challenge that, you can, but be sure that landing a job post that will be difficult, as many do not want a person, who challenges a system (a hard
bitter truth). The fight will be a long one and a costly affair. Be mentally and physically and financially ready for the same.
So, i sincerely urge you to contact your placement consultants and float your resume in market.
Regards,
From India, Mumbai
If the company is giving you indications, that you are going to be terminated, then, i suggest, first start looking for a job outside immediately as you will require time to get one.
Secondly, if it has lot of political power, then even going to the labour department will not help, as there too they can exercise their power. Also, the legal procedure will take a long time to conclude and that will also hinder your prospects of landing a job.
Thirdly, before a push comes to a shovel, speak with the top management and try and convert the termination into a resignation. you can serve a 3 months notice period, by which time you can get a job.
Now coming to your query, you can go to the labour inspector, but nothing much will come out of it. Also, it is one of the management practise (a bad one) to give basic salary as notice period to reduce cost. Can challenge that, but the result will be paying you gross salary for 3 months.
It is illegal to remove a person, without reasons, but that will still not stop the company, it will create evidences which will lead to justifications of termination. Some companies, opt for these measures, if you want to challenge that, you can, but be sure that landing a job post that will be difficult, as many do not want a person, who challenges a system (a hard
bitter truth). The fight will be a long one and a costly affair. Be mentally and physically and financially ready for the same.
So, i sincerely urge you to contact your placement consultants and float your resume in market.
Regards,
From India, Mumbai
Dear Atul,
It is my suggestion to keep cool mind and heart to face this hard situation. First of all you need to look for a new job instantly, if you have any known source or through friends or through placement agencies.
Things are not happening as per the indications you received, many a times. It is better you contact someone whom you know better and reliable of your organisation because all are not bad in any organisation.
If, indication of termination is true then resignation in beforehand is only solution to avert termination.
You cannot move to labour department so moto unless until any letter is issued from your organisation, challenging the order. The legal course is a time consuming matter and result may not be up to your expectation. If legal course is followed then you have to remain unemployed till verdict come. You decide what will be best course of action, take advice of your family members.
Removal an employee without reasons is unjustified and illegal. One should fight against the injustice but to fight against injustice requires lot of courage. It is always better for immediate rehabilitation.
From India, Mumbai
It is my suggestion to keep cool mind and heart to face this hard situation. First of all you need to look for a new job instantly, if you have any known source or through friends or through placement agencies.
Things are not happening as per the indications you received, many a times. It is better you contact someone whom you know better and reliable of your organisation because all are not bad in any organisation.
If, indication of termination is true then resignation in beforehand is only solution to avert termination.
You cannot move to labour department so moto unless until any letter is issued from your organisation, challenging the order. The legal course is a time consuming matter and result may not be up to your expectation. If legal course is followed then you have to remain unemployed till verdict come. You decide what will be best course of action, take advice of your family members.
Removal an employee without reasons is unjustified and illegal. One should fight against the injustice but to fight against injustice requires lot of courage. It is always better for immediate rehabilitation.
From India, Mumbai
Dear Ashutosh & Prabhat,
Thanks for your reply.
Certainly, I will have to think properly to avoid any hasty decision. I appreciate your advise.
One more question to you since you people belongs to HR. How market will treat break in employment in case if I don't get the job before I get released from current company.
Also, If I resign myself, can I ask for my gratuity. I have completed only 18 months.
From India, Mumbai
Thanks for your reply.
Certainly, I will have to think properly to avoid any hasty decision. I appreciate your advise.
One more question to you since you people belongs to HR. How market will treat break in employment in case if I don't get the job before I get released from current company.
Also, If I resign myself, can I ask for my gratuity. I have completed only 18 months.
From India, Mumbai
Dear Atul,
How the break will be treated, that depends upon how you phrase it... Any negatives, for the old company, you may not get the desired result. So, word the same in a tactical way, where you tell the truth, without the negatives.
Secondly the Gratuity is only applicable after 5 years, so 18 months, you are not eligible.
Regards,
From India, Mumbai
How the break will be treated, that depends upon how you phrase it... Any negatives, for the old company, you may not get the desired result. So, word the same in a tactical way, where you tell the truth, without the negatives.
Secondly the Gratuity is only applicable after 5 years, so 18 months, you are not eligible.
Regards,
From India, Mumbai
Dear Atul
You are not a workman under the ID Act. Therefore you are not likely to get the relief though Labour office. You may get relief in civil court but as rightly suggested by friends as above any legal proceeding is time consuming and it may adversely effect your future prospects.
In my view too looking for a new job will be best option.
From India, Ahmadabad
You are not a workman under the ID Act. Therefore you are not likely to get the relief though Labour office. You may get relief in civil court but as rightly suggested by friends as above any legal proceeding is time consuming and it may adversely effect your future prospects.
In my view too looking for a new job will be best option.
From India, Ahmadabad
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Termination-emp loyment_563.pdf
Termination letter.doc