Balaji K.S asked 4 years ago Need Legal Aid for Termination by the employer
Please read my below scenario and guide me for the further course of action.- The employer legal team investigated the employee in the suspect of misconduct.
- After hearing employee genuine claims and explanations Employer issued "SHOW CAUSE NOTICE" to prove not guilty and misconduct.
- However, the Employer has not responded to anything to the explained show cause notice submitted by the Employee. In fact, employers overlooked instead to accept or deny or concur. Importantly Employer not proved the misconduct.
- Finally, HR communicated to the Employee citing “After due consideration the management decided to terminate the employment contract.”
THE CAUSE FOR THE TERMINATION
When the employee asked “THE CAUSE FOR THE TERMINATION” management responded as in the employee offer letter the clause 14.1 under the Termination of Employment it says,“Your employment may be terminated by either party by giving one month’s written notice or payment of one-month salary instead of such notice period to another party. The employer holds the right to accept or deny payment instead of the said one-month notice”But the clause doesn't mention anywhere "terminating any reason, whatsoever"
Reliving letters and control background verification
Along with this HR added(blackmailed) the employee that “he/she won’t get any reliving letters and cannot control background verification if the employment is terminated by Employer.” (the same nowhere mentioned in the appointment letter). However, if the employee wants the proper conduct and experience certificate along with reliving orders then HR requested the employee to submit voluntary resignation immediately by not giving any chance to consult anyone. He just gave 5 mins to make the judgment.Termination letter
He also added on his own words“You should not bring anyone in the conversation. Also, at this end of the call, I need to send you the termination letter, so you need to be in the call you shouldn’t hang up”Due to blackmail on also the consideration of future employment, the employee submitted resignation quoting below
Submitting my resignation
"My effort at protecting business risks and from shielding it from frauds, abuse, plagiarism, and infringements were not given the necessary support required from my manager and the specialist. As continuing in such an atmosphere is conscientiously unethical, I am submitting my resignation effective today. However, I'm glad to work with the organization again in the future. Kindly navigate me through the exit formalities appropriately. And also issue me a proper conduct and experience certificate with my relieving order for my future purposes"
Employee claim
Employee claim: Employer blackmailed for no fault of the employee, In fact, they forced the employee to submit resignation.Also, they retaliated for performing projects for (Addressing business risk and threats).No instances of any inquiry, investigation, fact-finding, or personal misconduct
Barring the above, throughout my tenure, there had never been any instances of any inquiry, investigation, fact-finding, or personal misconduct, insubordination, or any other charges leveled against me in any form. I was cornered by verbal coercion to extract a FORCED RESIGNATION.I do have all the mail exchanges, Show Cause Notice, My response to SCN, and recordings of telephonic talks at all stages including the evidence to deny any accusation of misconduct they tried to impose upon me.
Reference as per Industrial dispute Act, 1947-Ministry of labor” clause 150B :
As per “Industrial dispute Act, 1947-Ministry of labor” clause 150B point 1 says “retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include”Other External Ref:
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