I am working in pharmaceutical as a tr. sales person there is issue with my boss .he pressurized me to give resignation because of personal revenge.he had given a wrong information to HR to terminate me from job,he has not done any review by sitting together on issues and sent the termination letter ,I am stuck please guide me for future and Labour court
From India, Ghatkopar
From India, Ghatkopar
Hello
A Management as such cannot terminate you. First the HR manager or Head HR should give you show cause notice and you can give your response for that. If the management proves that your response is not worth then only they can terminate you
From India, Bangalore
21A Management as such cannot terminate you. First the HR manager or Head HR should give you show cause notice and you can give your response for that. If the management proves that your response is not worth then only they can terminate you
From India, Bangalore
Termination of an employee during probation period without giving show cause notice or conducting enquiry cannot be challenged. Only thing is the terms of employment or what is given in the employment order with regard to termination during the “probation period”. If it is worded like, “your services can be terminated without notice and without assigning reasons during probation period”, then the question is whether the termination letter contained any reason for termination like, “ you are terminated on finding that your performance has been poor.” If there is a qualifying reason given, the termination can be challenged saying that you were not appraised of your performance and nothing was communicated as to improve the performance. On the other hand, if the termination letter only says that “ following the clause …..(the clause number which states that during probation period, your services shall be terminated without notice and without assigning any reason) your services stand terminated with effect from….”, then you cannot challenge it.
Sometimes, the letter of appointment will contain a condition or reason for termination like, “if your performance during probation period is found unsatisfactory”. In such cases also it is to be proved that your performance was poor and was made known to you before you were given termination letter. The responsibility to prove that you were not given an opportunity to improve or you were not communicated of your poor performance rests with you, the terminated employee. Therefore, before going to court, better understand the situation and then act.
Madhu.T.K
From India, Kannur
Sometimes, the letter of appointment will contain a condition or reason for termination like, “if your performance during probation period is found unsatisfactory”. In such cases also it is to be proved that your performance was poor and was made known to you before you were given termination letter. The responsibility to prove that you were not given an opportunity to improve or you were not communicated of your poor performance rests with you, the terminated employee. Therefore, before going to court, better understand the situation and then act.
Madhu.T.K
From India, Kannur
Hello,
Please check your appointment letter copy before going to court. As it could be mentioned "Your service can be discontinued without notice or without assigning any reason during the Training period." & if you had signed that acknowledgement copy of appoitment letter company may have the proof to prove in court.
Better advise you, search another job & start fresh. you have time in your hand,
Do not waste you time & money in court,
Good Luck.
From India, Mumbai
Please check your appointment letter copy before going to court. As it could be mentioned "Your service can be discontinued without notice or without assigning any reason during the Training period." & if you had signed that acknowledgement copy of appoitment letter company may have the proof to prove in court.
Better advise you, search another job & start fresh. you have time in your hand,
Do not waste you time & money in court,
Good Luck.
From India, Mumbai
There is a union for pharma sakes officers/medical reps. Am sure you would be knowing about it. If not ask your colleagues from your company or your counterparts in other pharma company. Contact the president or secretary of the unions branch in your territory. They will take up your case. They keep doing this day in and day out and have succeeded in most cases by getting the employee proper compensation or reinstatement.
From Indonesia, Jakarta
From Indonesia, Jakarta
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