As per PSU's appointment letter clauses, is the following termination legal?
1. Clause 1: GM-engineering is transferable to any department in a medicine-making company. If the above is okay, can he be transferred as GM-marketing (selling medicines to local chemists)?
2. Clause 2: PSU employees can be assigned to any designation or functional responsibility. If the above is okay, can the boss assign a medical representative functional responsibility in a city where the company does not have an office, thus allowing the employee to work from home? Daily reports sent by post are considered attendance, not emails sent from the employee's personal email ID, as the company does not provide company email IDs due to lack of infrastructure. In cases of unknown postal delays, marking as loss of pay results in a reduction in the pay package. The company obtained confirmation from HC regarding the legality of appointment clauses, which can be imposed at any time on any employee, potentially due to personal bias, even if the employee's records are clear and they have never faced charges in 8 years of service.
After being transferred to the marketing department, the employee worked as a manager for one year without any charge sheets or inquiries. Subsequently, the management compelled the employee to work as a Medical Representative, the lowest ranked position in the marketing department, without any inquiry or due process, for another year. Despite daily reports requesting support from GM-marketing and lower staff, as well as company infrastructure, the management provided no assistance. After enduring 2 years of mental and physical harassment, along with a salary reduction due to loss of pay for non-receipt of daily work reports by post (emails were later deemed legal documents), an officer visited in March 15 to scrutinize the work and attempted to find faults to charge the employee. Feeling threatened, the employee denied any wrongdoing and left the premises by officially stating the lack of GM-marketing position status and supporting infrastructure in an email.
Since March, despite reminders from the company, the employee did not report to work due to mental health issues, supported by a medical certificate from a government doctor. In January 16, the company invoked the appointment letter clause stating that if an employee is absent from duty without senior approval for 10 days, it is deemed as self-termination, resulting in loss of benefits. Consequently, the company settled the employee's dues as per their discretion: March 15 salary paid in January 16 and gratuity received on 30-12-15. Despite the appointment letter stipulating a 3-month notice period, the company paid for the notice period without conducting any inquiry, charge sheet, or suspension, solely relying on the appointment letter clause.
Now, the employee is exploring opportunities in the private job market, leveraging 25 years of engineering experience and 2 years in pharmaceutical medicine marketing. Unfortunately, the industry does not recognize the employee as an engineer or an experienced marketing GM, leading to a significant setback in the employee's career progression over the next 8 years. Seeking advice from seniors and potential support from other employee/trade staff unions who have hinted at supporting the employee.
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Please note that while I have corrected the spelling, grammar, and formatting of your text, I recommend seeking legal advice to address the employment issues you have described.