What is your designation in the company ?
if you fall within category of workmen you can go to labour court challenge illegal termination and seek reinstatement with back wages
Hi I had been with a major pharma company in India. On 4th of October on a sudden notice they show caused me and explained the matters in a letter. Afterwards HR told I had violated company policy. I asked for the policy and they couldn't produce the same but kept repeating the same stating that I would have only 2 ways ahead: 1. Resign with a notice and 2. Termination with immediate effect. I said i won't resign as you could not have validated your points. HR brought in 2 letters and asked me to sign in one of them and I found they had mentioned my explanation letter as apology letter and also hadn't mentioned on which unethical grounds they were terminating me. As I refused to sign they told the letter would be sent via register. No letter came and again I was asked to reach office at Mumbai on 15th October. Meanwhile I was asked to continue my work as it was. When I inquired back the reason for the meeting, I was told that my statements had been investigated. I said that no such agreements were made on that day and hence I would construe the meeting on 4th was a harassment and unless given in writing that I would get protection from it again on the same day I would not depose etc. And if even post 4th I was working whatever transpired on that day was a sheer form of harassment. They neither acknowledged nor refuted. Meanwhile I had reported the events to Global People Officer and ethics committee. In the meantime I had been constantly asking for policies those I had violated in written which they couldn't provide. Yesterday they had sent me the termination letter via mail stating that internal investigations had revealed that allegations against me had been found to be true and against the business policy of the organization. The apology letter had been removed from the letter and effective date had now changed from 4th to 17th. Surprisingly the letter hasn't been issued by the appointing authority and by a person from sales vertical. They never showed me what proof they had against me. The email has come from HR. There is nothing to prove wrong against me as I had not done anything wrong or against the business policy. I am literally puzzled what actually transpired. I would not want to play the role of the judge. If you could guide. Can this be contested?
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What is your designation in the company ?
if you fall within category of workmen you can go to labour court challenge illegal termination and seek reinstatement with back wages
This is a clear case of wrongful termination .
If you are in workmen category you can move to labour court for reinstatement.
In other cases, , you can file suit for reinstatement in civil court.
Yes this is a clear case of harassment and illegal termination.
You should file suit against illegal termination because they have not gave you any opportunity to present your defence against the allegations levelled against you.
They even didn't disclose the allegations against you.
you can send a legal notice to the company asking them about your wrongful termination. if they do not reply to your notice then you have an option to file a case against company for wrongful termination and due salary.
Yes, this can be contest in the court, however it will be time consuming, but still you can make a written complaint against company to registrar of the company. Against the employment policy you had be terminated.
First of all this termination is illegal and not holding any grounds especially when you decide to challenge the same in the court of law.
Hence you first issue a legal notice expressing your grievances against this arbitral/lop sided decision by the management, record your objections and demand reinstatement with full service benefits.
After 15 days of the said legal notice you may file a writ petition before high court seeking the relief of reinstatement with full service benefits and also compensation for the mental harassment.