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UI’ll try to keep this post as short as possible but a lot has happened and to get any sort of advice from you guys I’ll have to tell you each and every point. Let’s start by telling you what this is about
THIS IS ABOUT HRs DOING WHATEVER THEY WANT AND TERMINATING EMPLOYEES OVER FALSE REASON ( or this is what I believe and that’s why I am here to seek your opinions and guidance whether I’m wrong in this or not)Company and its policy:
It’s an MNC and many of you will recognise it. It has a policy that when you are on bench you will get only 35-40 days(maybe more depending on HRs) and after that if you don’t find the project, then you will be terminated. but there is a catch this thing only applies to the employees who has completed two years in the organisation. If your experience is less than two years in the organisation, then it won’t apply to you and you will have time till your two years are completed and after that those 35-40 days period will start.
How it started:
So my friends project got completed, and he was coming on bench soon. He wasn’t on bench officially there were couple of days left, so he started to apply on the project and project opportunities were also coming to him. There was been an opportunity which he rejected based on location, as location was quite far and it will be financially difficult and mainly due to some medical concerns from his family, couldn’t able to relocate to that particular location like his mother needed to be taken care of, and they were basically relocating him to different part of the country from where going back home every week was not possible. And his 2 years weren’t even completed.Consequence of rejecting project :
We are given an option whether we are interested in this project or not, so he selected not interested based on the location and soon received mail from HR “show cause notice” stating that you have given invalid reasons for the rejection of your project opportunity and here by call for personal hearing on this date, you will receive a meeting invite one day before and you can also give written explanation for this.
So we were waiting for that meeting invite, but there is no meeting scheduled and on the day of hearing, we received a mail that we have not replied to the show cause notice and hear by a personal hearing will happen on this location.Our Answer to this mail:
On that day, we sent the mail to the HR as to why we did not reply to the show cause notice. As there was no mention that we have to give a written explanation to that mail and there will be meeting scheduled and we will get an invite one day before and while the personal hearing and we Can give a written explanation I repeat while the personal hearing not before the personal hearing, we have to give the explanation. (my words here will be little uncertain as I do not exactly word to word remember like what the mail said and don’t have them with me as well, but I completely remember that it said nothing like we have to give an explanation before the person hearing. It was specifically mentioned that we have to give an explanation while the personal hearing.)And, we also attached a reason why we rejected the location based on those medical reasons.
Day of personal hearing:
My friend went to the meeting, and the response was positive from both the sides of the HR and from the personal hearing officer. She also mentioned that he is eligible for promotion but got released from project so he won’t be promoted and the hearing officer accepted his reasons and all the documents presented in front of him and the charges will so everything is resolved at that point.Let me clear one thing here that the HR who sent the show cause notice is different. He is a senior HR and the HR who he met at the location of the meeting was a junior HR who sent the mail that there was no written response for the show cause notice.
By this time, we have received two emails. One was the show cause notice from the senior HR and another was the no response to the show cause notice by the junior HR.
We thought everything was resolved and was just doing our regular work, the suddenly after 10 days he received a mail from that senior HR saying that he has been terminated, and his points are specificified below:
1. Throughout his time in the organisation. He hasn’t able to secure any position and contribute to the organisation.
2. despite giving many opportunities, the employee couldn’t able to secure project
3. no response for the show cause notice
4. rejecting project opportunities for invalid reasonsWe were shocked to see this and were checking with the junior HR(as she was his HR) but she was not doing or saying anything so at last I wrote a mail to the organisation just leaving the top 2 levels and sent a mail to all of them to the top of hierarchy.
I replied to the mail saying that the team is not checking its fact properly and terminating on false basis as (I’ll go point by point here)
1. The employee was constantly in projects for his time in the organisation
2. They didn’t even give seven days of time after he came on bench to look for projects( not to mention that not even his two years were completed here)
3. We Replied for the response and still they’re saying that we haven’t responded, and as we replied late, we also gave reason as why we replied late.
4. He gave proper medical documents, each and everything, and they seem to take it as invalid reason.After sending the mail, we didn’t receive any email from any of them, but surely we got connected with another senior HR and she was debating us over the fact that it was legal notice and every legal notice should be replied within 72 hours and since he didn’t reply, so he’s being Terminated. We told her that we are not aware that it is legal notice and it should be replied within 72 hours. There is nowhere written that written explanation should be given before the personal hearing and written explanation should be given within 72 hours, but she was consistent on her point and said that they cannot revoke it.
Take it as a rant or anything but can we do anything about it? Cause if they revoke the termination then they have to take the blame as why they revoked it and why it was sent in the first place for false reasons which I they are not gonna do. No HR is replying to our queries and questions now and it feels like they are just trying to get this over with. And also year end is coming so looks like they are trying to save.
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CLook.. If a company wants to remove you – *they’ll remove you*.. Save time, find another job and move on in life.. 🤷🏻♀️
All the!
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UHe’s looking for another job but he mentioned going for the labour laws as they’ll round up the whole thing in 90 days
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CDon’t mean to discourage but it’ll probably be a waste of time and money.
To fight a legal battle against a MNC – you need a lot of cash reserve – with no guarantee on the outcome.
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VIt’s fine if you don’t have a spine.
But don’t discourage people who are trying to stand up for themselves.
Have you heard about pradeep ponia he went against a billion dollar org and won.
Spineless people like you are the reason everyone gets exploited.
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PPradeep Punia was not terminated. He fought dubious business practices. In this case, it is better for OP to leave and look for another job. He has no case.
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UDoes
1. Termination by rejecting a proposal for location just to take care of your parents.
2. Saying that you haven’t responded to the mails.
3. You haven’t worked or given any contribution to organisations.
Are these reasons relevent to fire ? I cannot explain much details here but the thing is they aren’t revoking it cause if they do then shit will fall on the HR who initiated it and they don’t want to take the responsibility and I know that HR personally, he just needs any kinda of excuse to fire and they worst personality I’ve ever met in corporate-
PRead the offer letter, all these clauses will be covered. Companies cover their bases well. The people telling him to go to court, will never go to court. They want someone else to fight on their behalf so they can reap the benefit if the verdict is favorable. I have seen hundreds of such cases, where just looking at the offer letter, the case was dismissed.
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AI guess it’s Cogn****.
Don’t waste your time in fighting these MNCs. If your friend is skilled than just ask him to try it outside as soon as possible.
Fighting them isn’t worth it the mental stress that it will cause.-
UWe were thinking the same but just the feeling of letting them do whatever they want just because they can is not sitting right with us
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BHey. It looks like you’ll need to find a lawyer well versed with the shops and establishments act for the state you were working in. Don’t let these naysayers tell you anything else. Fight it out. MNCs get away with it cause no one fights them back. It’ll take time but eventually they’ll come to you to settle cause they’ll spend more money on lawyers than you ever will.
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BIt differs from state to state, but essentially it’s a law that protects employees in shops and establishments, similar to how the industrial disputes act protects workers and labourers. It provides protection to employees as well, so they aren’t arbitrarily fired for no apparent reason. For example section 41 of the TN shops and establishments act talks about notice of dismissal and how such dismissal must be carried out. It differs from state to state. Like I said, approach a lawyer, don’t let MNC win
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WI’ll second this.
I had worked in a MNC in the past and we were trying to put an low performing individual into PIP process and the senior HR was very adamant on written notices to individuals over the last year communicating said issue because she has sat through too many labor cases in past and didn’t want to go through again.If you don’t make it a trouble for them, they will continue such behaviours.
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