Hello Friends . I have been working for a JV (pvt ltd co) for the past 5 1/2 years & am responsible for the entire operations of the organization,I was responsible for setting up the organization, recruitment, implementing sop's ,systems, etc & have been managing it quite successfully since inception.I have been rewarded well by the management for my exceptional performance . However off late some of the board members feel that I am paid more & are looking for a replacement at a salary lesser than me .The organization is doing very well & making handsome profits year on year basis. What is the legal recourse for me if I am asked to leave.Thanks
From India, Mumbai
1From India, Mumbai
Sir, according to your write up it is understood that you are the foundation stone of the company and had implemented SOP's and processes, i feel when there is no cooperation from the management side any level of employee cannot deliver. while wishing you all the best and success, i suggest you to show all your skills and make them feel that they cannot loose you, other wise there must have been a clause in the appointment letter with regard to the notice period, as a senior employee of the company and to avoid any inconvenience both to you and to the company, avail this facility. because the law of Trots cannot be implemented in India.
From India, Hyderabad
From India, Hyderabad
Asking an employee to leave just because he/she is being paid more is not a very much valid reason.
Just wish to clarify though, if the management communicated to you to resign and if they stated the mentioned reason?
Do you have this reason written on the paper or email by the management?
It does happen that at times the management fails to appreciate the efforts that has been put into the task of establishing the firm and ensuring it goes towards success.
At the best I can suggest you the following-
If you management has not yet asked you to resign, ask them the reason when they do.
Seek clarifications if you were anytime low on performance.
If they mention that they are paying you too much, ask them if they want you to re-do your job role and do a job enrichment of what you're currently doing.
Clarify what efforts you put in for the firm and justify the pay that you're getting.
Do not boast but speak in a matured and calm tone.
They can't terminate you because I don't see any grounds to terminate. In order to terminate an employee, one should have solid reason.
About going to court, you cannot go to court if your employer wishes to end the employment (for whatever reasons unless it is injustice) because we have an employment at will policy meaning that either party can terminate the employment.
Secondly, do not compare the pay you get to the profit that the firm is generating because in that case, if the firm is running into losses, would you work for free? Always compare the pay to the kind of effort you are putting in.
From India, Mumbai
Just wish to clarify though, if the management communicated to you to resign and if they stated the mentioned reason?
Do you have this reason written on the paper or email by the management?
It does happen that at times the management fails to appreciate the efforts that has been put into the task of establishing the firm and ensuring it goes towards success.
At the best I can suggest you the following-
If you management has not yet asked you to resign, ask them the reason when they do.
Seek clarifications if you were anytime low on performance.
If they mention that they are paying you too much, ask them if they want you to re-do your job role and do a job enrichment of what you're currently doing.
Clarify what efforts you put in for the firm and justify the pay that you're getting.
Do not boast but speak in a matured and calm tone.
They can't terminate you because I don't see any grounds to terminate. In order to terminate an employee, one should have solid reason.
About going to court, you cannot go to court if your employer wishes to end the employment (for whatever reasons unless it is injustice) because we have an employment at will policy meaning that either party can terminate the employment.
Secondly, do not compare the pay you get to the profit that the firm is generating because in that case, if the firm is running into losses, would you work for free? Always compare the pay to the kind of effort you are putting in.
From India, Mumbai
Congratulations on such a successful tenure. You have created a future for your self.
You must have found many areas where you can take new responsibility and expand in your your. Can you consider the option?
We understand your employer is looking for an option. Lets objectively take this situation and consider it from the point of view from your employer.
Resource optimisation is almost synonymous to surviving different business cycles.
Take a long term view to your career and identify the areas you would want to grow in future.
I am sure you have your anchors within the management team. Look for mentoring from them and seek options to grow.
May the best option find you. All the best !
From India, Mumbai
You must have found many areas where you can take new responsibility and expand in your your. Can you consider the option?
We understand your employer is looking for an option. Lets objectively take this situation and consider it from the point of view from your employer.
Resource optimisation is almost synonymous to surviving different business cycles.
Take a long term view to your career and identify the areas you would want to grow in future.
I am sure you have your anchors within the management team. Look for mentoring from them and seek options to grow.
May the best option find you. All the best !
From India, Mumbai
Thanks Ankita , The reference to super profits was only to highlight the fact that the company is doing well & is not contemplating replacement on account of the org not performing well. The discussion to add more to my portfolio of responsibility has already happened & they are unable to come up with more work. The irony / point i am trying to make here is that an individual who has worked diligently & was rewarded by the management in terms of good increments is now being thought of being replaced because of the view of some people that am being paid too much. Hence the question of legal recourse.
From India, Mumbai
From India, Mumbai
Hello HealDida,
In my comments, I was trying to be a devil's advocate as it is essential to know the other side's story sometimes.
As I said, it would be really difficult to go on appreciating an employee's efforts when they think that it involves too much of money.
Let's take a very general example:
We need an advice on our business and we have two consultants. 1 is very much experienced and has proven results and hence is premium. Other one is cheap and comparatively a starter and not so much experienced.
If we have to shed money for one single advice, we would perhaps choose the latter unless we know the the former is actually worth the price.
Try to do this -
Communicate with your management that you are open to discuss the issue and come to a mutual agreement on the cause.
Do a brief analysis of your job role and put on paper every single task you did, and also add the end result. (For example say you implemented 5 ideas out of which 4 worked but 1 didn't, add that 1 failed idea as well. This would show that you are trying to innovate)
Do a quick survey in your professional network the salary range for the people of your experience are getting and then you decide if youa re way higher than industrial norm else you can educate your management the same.
Dig out your previous performance appraisals records if accessible and try to put your point.
Basically, I do not want you to go to management and try to seek their help and charity. I want you to be firm, strong and handle the situation more maturely and calmly. Show them your efforts and your worth and what are your paid should be just fine with them.
Also educate them that since you've been on board for X years, you know the market, you can help develop better strategies in future as well. WHereas if a newbie is joined, (even though experienced would be a new person in the firm) s/he would take some time first to get adjusted in the new shoes, let alone get running in them.
If they are not getting convinced, I do not think we can do much about it. Atleast ask them that for good time's sake they keep you till you get a next job or recommend you in their professional link.
Hope it helped. :-)
From India, Mumbai
In my comments, I was trying to be a devil's advocate as it is essential to know the other side's story sometimes.
As I said, it would be really difficult to go on appreciating an employee's efforts when they think that it involves too much of money.
Let's take a very general example:
We need an advice on our business and we have two consultants. 1 is very much experienced and has proven results and hence is premium. Other one is cheap and comparatively a starter and not so much experienced.
If we have to shed money for one single advice, we would perhaps choose the latter unless we know the the former is actually worth the price.
Try to do this -
Communicate with your management that you are open to discuss the issue and come to a mutual agreement on the cause.
Do a brief analysis of your job role and put on paper every single task you did, and also add the end result. (For example say you implemented 5 ideas out of which 4 worked but 1 didn't, add that 1 failed idea as well. This would show that you are trying to innovate)
Do a quick survey in your professional network the salary range for the people of your experience are getting and then you decide if youa re way higher than industrial norm else you can educate your management the same.
Dig out your previous performance appraisals records if accessible and try to put your point.
Basically, I do not want you to go to management and try to seek their help and charity. I want you to be firm, strong and handle the situation more maturely and calmly. Show them your efforts and your worth and what are your paid should be just fine with them.
Also educate them that since you've been on board for X years, you know the market, you can help develop better strategies in future as well. WHereas if a newbie is joined, (even though experienced would be a new person in the firm) s/he would take some time first to get adjusted in the new shoes, let alone get running in them.
If they are not getting convinced, I do not think we can do much about it. Atleast ask them that for good time's sake they keep you till you get a next job or recommend you in their professional link.
Hope it helped. :-)
From India, Mumbai
Hi I appreciate the comments of Nobomita. One should have faith & confidence in himself and always have a forward looking approach to achieve success in life. Regards. RS
From Singapore, Singapore
From Singapore, Singapore
Hello HealDida,,
I agree with what Ms. Ankita has said, you cannot do much in this regard. if your management feels like you are paid more than what u deserve. In the agreement it is clearly mentioned that either of the party can terminate the contract. Well i suggest u is don't go for the legal action as this doesn't show good business acumen. well you are experienced and can join any good organization where Ur efforts will be appreciated.
wish u good luck for your future.
From India, Delhi
I agree with what Ms. Ankita has said, you cannot do much in this regard. if your management feels like you are paid more than what u deserve. In the agreement it is clearly mentioned that either of the party can terminate the contract. Well i suggest u is don't go for the legal action as this doesn't show good business acumen. well you are experienced and can join any good organization where Ur efforts will be appreciated.
wish u good luck for your future.
From India, Delhi
Hello Healdida,
Like (Cite Contribution) mentioned this could be a case of "Resource optimization".
Another possibility COULD be that the management could be feeling 'threatened' by your growing stature--especially since you mention it's a JV. Is the other Partner in the venture foreign? If yes, this is more likely, since many foreign JV partners look @ such a situation differently--which may not be in-tune with the Indian JV partner/management [meaning they feel threatened that YOU could replace them in the long-run--from the management perspective, NOT the investment perspective].
Given the situation, suggest LOOK @ IT DIFFERENTLY--the very fact that you seem to have increased the profits for the company & you are, sort of, the Bulwark for the company operations says a lot for your caliber & capabilities, like other members too pointed out.
Maybe it's HIS way of hinting to you that the time has come for you to move-on & encash your skills BETTER? You haven't mentioned which sector/domain you work in--but whichever sector you are in, your skills would be best suited for any company that's a Start-up OR a company that is looking for someone to handle the scaling-up of operations.
Like Ankita Shah mentioned, you can do a quick survey in your professional network the salary range for your exp level & see if this can enable you to handle the concerns in your present company--BUT at the same time, pl be mentally prepared to move-out IF that's what the management wants. Such a survey would help you in such an EVENTUALITY.
While understanding your wish to check all options, including the 'legal recourse' angle, pl note that you are DIFFERENT from others in one crucial aspect. You HEAD the show. And any legal action COULD have a bearing on your future--in the way companies 'perceive' your action. Not that 'legal action' is totally barred/to-be-avoided, but suggest treat it as AN option based on the cost-benefits. In this case, I see the long-term harm far higher than the short-term benefits. Hope you get the point.
To summarize, I can only repeat what Ankita Shah mentioned: "If they are not getting convinced, I do not think we can do much about it. Atleast ask them that for good time's sake they keep you till you get a next job or recommend you in their professional link".
All the Best.
Rgds,
TS
From India, Hyderabad
Like (Cite Contribution) mentioned this could be a case of "Resource optimization".
Another possibility COULD be that the management could be feeling 'threatened' by your growing stature--especially since you mention it's a JV. Is the other Partner in the venture foreign? If yes, this is more likely, since many foreign JV partners look @ such a situation differently--which may not be in-tune with the Indian JV partner/management [meaning they feel threatened that YOU could replace them in the long-run--from the management perspective, NOT the investment perspective].
Given the situation, suggest LOOK @ IT DIFFERENTLY--the very fact that you seem to have increased the profits for the company & you are, sort of, the Bulwark for the company operations says a lot for your caliber & capabilities, like other members too pointed out.
Maybe it's HIS way of hinting to you that the time has come for you to move-on & encash your skills BETTER? You haven't mentioned which sector/domain you work in--but whichever sector you are in, your skills would be best suited for any company that's a Start-up OR a company that is looking for someone to handle the scaling-up of operations.
Like Ankita Shah mentioned, you can do a quick survey in your professional network the salary range for your exp level & see if this can enable you to handle the concerns in your present company--BUT at the same time, pl be mentally prepared to move-out IF that's what the management wants. Such a survey would help you in such an EVENTUALITY.
While understanding your wish to check all options, including the 'legal recourse' angle, pl note that you are DIFFERENT from others in one crucial aspect. You HEAD the show. And any legal action COULD have a bearing on your future--in the way companies 'perceive' your action. Not that 'legal action' is totally barred/to-be-avoided, but suggest treat it as AN option based on the cost-benefits. In this case, I see the long-term harm far higher than the short-term benefits. Hope you get the point.
To summarize, I can only repeat what Ankita Shah mentioned: "If they are not getting convinced, I do not think we can do much about it. Atleast ask them that for good time's sake they keep you till you get a next job or recommend you in their professional link".
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Healdida,
I am at one with Ms (Cite Contribution).See this development as an oppurtuniy and not a threat.May be its a blessing in disguise.
Also I don't think taking legal course will be of any use.Because even if you win,the confidence in management will be lost and so shall be the charm of the job.And if they already have zeroed-in on that new guy they will pursue their goal.So try and see if they can retain you as an advisor or something which shall free you from the regular grind and yet keep you in a respectable relationship with the employer.Then you shall be free to pursue your own career with any other employment or your own business.
From India, New Delhi
I am at one with Ms (Cite Contribution).See this development as an oppurtuniy and not a threat.May be its a blessing in disguise.
Also I don't think taking legal course will be of any use.Because even if you win,the confidence in management will be lost and so shall be the charm of the job.And if they already have zeroed-in on that new guy they will pursue their goal.So try and see if they can retain you as an advisor or something which shall free you from the regular grind and yet keep you in a respectable relationship with the employer.Then you shall be free to pursue your own career with any other employment or your own business.
From India, New Delhi
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
Nominee vs legal heir.pdf
HR-LEGAL FORMS.zip