• Terminated without reason or pay

Dear friends,
I am seeking your advise on my job. I should say ex-job. 
I was until last week working in an IT firm. HR person called me to office and said I have to resign immediately. They will give 2 months salary after 45 days of last working day. 

Reason: they said my performance was not good. 

I refused and said I have to consult family. Next day the HR Person called and said either resign yourself and we give 2 months pay or we will terminate you with no severance. 
I said give me 6 months salary. I will resign. 

Same evening they sent termination letter via email. 

My details: working in same company since 2005. 
Company details: public limited MNC within SEZ. Profitable since founding last 10 years. Latest news is 10% increase in profits. 

Friends, 
You may ask me any questions. Here are a few I think you may want to know. 

Was my performance really bad? 
Answer: no. 

How can they say bad performance? 
Answer: they did an annual appraisal for all employees. Everyone else was called face to face to discuss job done and then were given a rating. 

For me it was done without my presence. Rating was given by email. No discussion. Nothing. 

At that time I immediately protested. I sent all documents which proved I deserve above average to highest rating. They refused to change my rating. 

Now this HR problem started. 

I spoke to labor office. They said give all details on paper. We will see. I have sent all the details. 

I am not a rich person. I have no family business or property. 

My logic: though company is within SEZ, last in first out policy must be followed. 

My questions:

1. Did I do wrong asking 6 months pay?
2. Did they do right firing me with no pay?
3. Can I put case in civil court for firing me for false reasons?  
4. Will labor dept. be able to do anything?
Asked 1 year ago in Labour from Singapore
A. Generally, employees would be terminated based on misconduct, disobidience, fraud, misappropriation and breach of contract etc., in your case, you got the termination based on non performance is totally illegal method adopted by the employer side.

B. Before termination of any employees that employer must give an opportunities to the employee under the right to a fair hearing (audi alteram partem, or "hear the other side") of the priniples of Natural Justice which is confirmed and guaranteed under the Law. In case, Nothwithstanding your performance is not upto their mark itself that they have to give one more opportunity to you to correct the same and your reporting manager also liable to for non performance under vicarious liability and he has bounden duty to tinker the same by delivering suggestions. 

C. In any companies, there is ample procedures during the conduct of yearly, half yearly and quarterly appraisal and it must be folllow the company rules and regulation which is available under the established policy. Once your reporting manager send the appraisal report after the hearing from your side that the review officer or manager shall analysis the same and consider the reporting manager's rating and clinch the same by modifiying subjece to additional analysis.

D. As you said, there was no any opportunity conferred to you to defend and reply against their allegation. So it is completely against to principles of natural justice. Therefore, you can challenge the terminationn order and claim the compensation and damages for mental agony and illegal termination. You have all the rights and better issue a legal notice to the employer i.e, Reporting Manager, HR Department and Review officer. Subsequently, if no use or reply from the employer, you can approach the Court of Law.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Hi,
In reply to your first question, yes. You were not in a position to demand something. A private firm has right to terminate it's employee on the basis of poor performance and the employee has no rights/claims against this termination.
As to second question you're entitled to your due salary along with PF etc. What they were offering you initially was on compassionate ground only which was not acceptable to you.
To your third question, what grounds do you think about the reason being false? You can not question a private Company's decision, neither can you justify your performance as per the company's requirement.
Regarding your last query, there does not seem to be any injustice done as per private sectors operate.Still, if you want to pursue a suit, contact a local lawyer with your appointment letter, termination letter and appraisal letters, since I've not seen the documents, I can suggest this much only.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. Terminating you for no reason is itself wrong. You can ask any amount to resign which suits you. There is nothing wrong in such asking,

2. No. It was totally an arbitrary act on the part of the Company,

3. You can file a complaint before the local Labour Commissioner,

4. Filing case before civil court without going to labour court will not be proper,

5. Yes, you shall have to file your case there. After failing before the labour court, you can approach High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. No, however a detailed scrutiny of your appointment order has to be looked into to substantiate your asking for 6 months's pay. In the appointment order there will be a clause regarding notice period( generally 3 months or so) or salary to be paid by either the employeee or the employer in lieu of notice, as the case may be. 
2. The management of the company has erred in firing you without giving an opportunity for you to be heard before passing the termination order.  First the management should have served you a Show Cause Notice giving some target date for you to reply and from the management's perspective if the reply is not satisfying, then the management had to conduct an inquiry giving you an ample opportunity for you to defend and then based on the inquiry report action, if any, should have been taken.
3. You have a valid point to approach the labour court, since the management has taken a unilateral decision, without giving an opportunity for you to be heard.
4. Definately the Labour department can help you for the injustice meted out to you.  Contact the jurisdictional Labour commissioner and apprise him of the unfair trade practices of the company.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Before adverting reply to your questions, I would like to know whether you were on probation or have successfully completed your probation. If you are on probation, the employer may terminate your services on the basis of your performance, but if you have successfully completed your probation and working as a regular employee, the action of the company is wrong, illegal and unwarranted and the same can be challenged before the competent court of law. 
Right approach is to consult a lawyer for filing a proper suit in the court of law against the illegal actions of the Company, who has terminated your services illegally.
 
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
1. You should have disclosed the act that they back dated the PIP after 40 days of its atarting,

2. Have you colleted evidence to prove your allegation?

3. If yes, lodge a police complaint for coercing you to resign after criminally back dating the PIP,

4. After that act as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
Your case is a glaring example of unfair labour practices, which is an offence under Section 25-T and having the Penal provisions under Section 25-U of the Industrial Dispute Act, 1947. Since you have served for around 10 years in this company, your termination on ground of unsatisfactory performance would amount to unfair labour practice and your employer has to prove his conduct before the Tribunal. Moreover, termination of service without show cause notice or inquiry attracts this provision of unfair labour practice. 

Hence, it is advised to approach the proper forum immediately for filing your case and you will certainly get the relief, which could be compensation or reinstatement in service.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0

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