Hi,
Two months ago, my very close friend joined a hotelier company. He was strongly encouraged by his ex-manager to join the company, to which my friend eventually agreed. They provided him with a preliminary offer letter where the salary was not specified. My friend joined the company without signing the incomplete offer letter. He continued to request the appropriate offer and appointment letters from them, but his manager and the owner kept him waiting.
After a month, the manager, who had persuaded my friend to join, simply informed him via WhatsApp message that his services were terminated immediately due to non-performance, and that his dues would be settled within a week. He was also instructed to return the company-owned laptop and dongle.
When my friend tried to call, the manager did not answer. Subsequently, my friend emailed the manager and the owner to settle pending dues before returning the company belongings. After two reminders, the manager replied via email stating that my friend must return the company belongings within seven days before his dues would be cleared. Failure to do so would result in legal action.
Now, my friend wishes to take the matter to the labor court against the employer for termination without prior notice, withholding clearance, misleading job offer, and threatening legal action. However, he only possesses the preliminary offer letter, WhatsApp message records, and email confirmation from the manager regarding the payment release initially.
How should he proceed? Should he go to the labor court and file a complaint against the employer? Can an HR legal expert advise us on this forum?
Thanks.
From China
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Two months ago, my very close friend joined a hotelier company. He was strongly encouraged by his ex-manager to join the company, to which my friend eventually agreed. They provided him with a preliminary offer letter where the salary was not specified. My friend joined the company without signing the incomplete offer letter. He continued to request the appropriate offer and appointment letters from them, but his manager and the owner kept him waiting.
After a month, the manager, who had persuaded my friend to join, simply informed him via WhatsApp message that his services were terminated immediately due to non-performance, and that his dues would be settled within a week. He was also instructed to return the company-owned laptop and dongle.
When my friend tried to call, the manager did not answer. Subsequently, my friend emailed the manager and the owner to settle pending dues before returning the company belongings. After two reminders, the manager replied via email stating that my friend must return the company belongings within seven days before his dues would be cleared. Failure to do so would result in legal action.
Now, my friend wishes to take the matter to the labor court against the employer for termination without prior notice, withholding clearance, misleading job offer, and threatening legal action. However, he only possesses the preliminary offer letter, WhatsApp message records, and email confirmation from the manager regarding the payment release initially.
How should he proceed? Should he go to the labor court and file a complaint against the employer? Can an HR legal expert advise us on this forum?
Thanks.
From China
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Dear Preeti,
Are you working in India or China? Your status shows that you work in China. If you are working in India, please change the name of the city and country in which you work. Assuming that you work in India, my comments are as follows:
a) On-the-spot terminations are quite common in the hospitality industry. If your friend has a sufficient length of service, by now he must have reconciled with the culture of the hospitality industry. He must have acquired exposure to such types of terminations.
b) The hospitality industry is a close-knit industry. Despite the strong recommendation of the Manager to join his hotel, why did your friend not do a reference check on the owner or GM of that hotel? Many times, due to the egregious management style of the GM, the hotel acquires a bad reputation. How come your friend did not know this?
c) Your friend has been issued with a laptop. Are there any records to show that the hotel property has been transferred to your friend?
d) What is the designation of your friend? How many persons reported to him? This information is necessary to assess whether the provisions of the Industrial Disputes Act, 1947, apply to your friend. If yes, then instead of the labor court, your friend may approach the Labor Officer under whose jurisdiction your friend's hotel fell. Your friend may explain the sequence of events to the Labor Officer.
e) Please note that the Labor Officer is a government-appointed authority and is different from a labor lawyer. The latter is an individual professional who works in his individual capacity and obviously charges fees for providing his professional services, whereas the former does not charge anything.
Final note: If your friend was allegedly tricked or swindled, then he should have come to the forum to seek advice. It is important to listen to the story from the first person (the alleged victim). You are a third party. Your friend may be distraught because of the loss of the job; nevertheless, keeping aside one's distraughtness, one has to fight one's battle.
Thanks,
Dinesh Divekar
From India, Bangalore
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8031Are you working in India or China? Your status shows that you work in China. If you are working in India, please change the name of the city and country in which you work. Assuming that you work in India, my comments are as follows:
a) On-the-spot terminations are quite common in the hospitality industry. If your friend has a sufficient length of service, by now he must have reconciled with the culture of the hospitality industry. He must have acquired exposure to such types of terminations.
b) The hospitality industry is a close-knit industry. Despite the strong recommendation of the Manager to join his hotel, why did your friend not do a reference check on the owner or GM of that hotel? Many times, due to the egregious management style of the GM, the hotel acquires a bad reputation. How come your friend did not know this?
c) Your friend has been issued with a laptop. Are there any records to show that the hotel property has been transferred to your friend?
d) What is the designation of your friend? How many persons reported to him? This information is necessary to assess whether the provisions of the Industrial Disputes Act, 1947, apply to your friend. If yes, then instead of the labor court, your friend may approach the Labor Officer under whose jurisdiction your friend's hotel fell. Your friend may explain the sequence of events to the Labor Officer.
e) Please note that the Labor Officer is a government-appointed authority and is different from a labor lawyer. The latter is an individual professional who works in his individual capacity and obviously charges fees for providing his professional services, whereas the former does not charge anything.
Final note: If your friend was allegedly tricked or swindled, then he should have come to the forum to seek advice. It is important to listen to the story from the first person (the alleged victim). You are a third party. Your friend may be distraught because of the loss of the job; nevertheless, keeping aside one's distraughtness, one has to fight one's battle.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Preeti,
I came across your posting, which is really a pathetic affair, but at the same time, I feel pity. If educated people, like your friend, take a job without valid documents, this is nothing but a blunder. However, what has happened already happened. Now, your friend seeks help to counter the termination.
In this regard, Mr. Divakar has already given enough guidance to deal with the matter. Many of the community members regularly ask to come with the case in detail because the matter you are talking about or seeking help for is completely of a legal nature. Where a comma and full stop mean a lot and are capable of changing the nature of the case. Everybody thinks all these are like ready-made garments - just give the description and get a dress. No one can give any suitable guidance or solution based on the above posting. One needs complete details of the case and documents related to the matter. In this regard, you can ask your friend to send letters claiming all such in registered post and official mail of the company at regular intervals. If he does so, he can expect and get some communication from the management, which may be useful if challenged before the authority. In my suggestion, contact a consultant or a lawyer who deals with labor cases with facts and figures for future course of action. You can also contact the local District Labor Officer to discuss regarding the case.
From India, Mumbai
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I came across your posting, which is really a pathetic affair, but at the same time, I feel pity. If educated people, like your friend, take a job without valid documents, this is nothing but a blunder. However, what has happened already happened. Now, your friend seeks help to counter the termination.
In this regard, Mr. Divakar has already given enough guidance to deal with the matter. Many of the community members regularly ask to come with the case in detail because the matter you are talking about or seeking help for is completely of a legal nature. Where a comma and full stop mean a lot and are capable of changing the nature of the case. Everybody thinks all these are like ready-made garments - just give the description and get a dress. No one can give any suitable guidance or solution based on the above posting. One needs complete details of the case and documents related to the matter. In this regard, you can ask your friend to send letters claiming all such in registered post and official mail of the company at regular intervals. If he does so, he can expect and get some communication from the management, which may be useful if challenged before the authority. In my suggestion, contact a consultant or a lawyer who deals with labor cases with facts and figures for future course of action. You can also contact the local District Labor Officer to discuss regarding the case.
From India, Mumbai
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Hi Dinesh,
Thank you for the reply. I am from Pune, India. I tried to edit the location but don't know what the issue is with that. My friend is a Regional Manager in Sales. The General Manager of the said property was his old boss and insisted too much for him to join.
There is no written document on laptop issuance. They have not yet given him an appointment letter even after he followed up several times with the GM and the owner. I shall ask my friend to join this forum so that he can get direct guidance.
Thank you a lot for your guidance, Sir.
From China
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Thank you for the reply. I am from Pune, India. I tried to edit the location but don't know what the issue is with that. My friend is a Regional Manager in Sales. The General Manager of the said property was his old boss and insisted too much for him to join.
There is no written document on laptop issuance. They have not yet given him an appointment letter even after he followed up several times with the GM and the owner. I shall ask my friend to join this forum so that he can get direct guidance.
Thank you a lot for your guidance, Sir.
From China
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