Help Please. Termination Instead Of Relieving - PDF Download

Hi Sir,

I was working with a company for 9 years with many accolades. It was a great journey until the time I resigned and made a blunder mistake.

A few days before resigning, I sent an email to my personal ID containing my presentation on the project I worked on. The email was blocked due to firewall restrictions, and an exception was raised.

On my last day, I was called for a one-on-one meeting with compliance, HR, and Ops. They discussed my actions and requested me to write an apology letter. Additionally, they asked me to log in to my personal email account, and they scanned my mailbox. However, they did not find anything incriminating.

Following this, I met separately with both compliance and HR, and they assured me that since the presentation did not leave my email and no other issues were found in my inbox, it should not have any negative impact on me.

I have since joined a new company, and a friend of mine who works in HR informed me that they are considering issuing a termination letter and a legal notice against me. In response, I immediately contacted the compliance officer, who confirmed that the issue had been resolved on the same day and no further action was taken.

I am now feeling confused about what steps to take. If they proceed with issuing a termination letter, it could potentially affect my background check with my current employer.

What should I do? I acknowledge my mistake and have cooperated with the investigation by providing a written apology. Why would they risk harming my career despite my long history of good performance?

If they decide to terminate me, can I take legal action against them? My argument would be that if the issue was resolved and no further actions were taken, why bring it up after I have left the company, especially knowing the consequences it could have on my career?

Regards,

Anonymous

Dear Friend,

Please categorically tell the HR of your previous company that you will take legal action if you are not issued a proper relieving letter. The law says that they need to conduct an inquiry as per the procedure given under the Industrial Disputes Act. Wherein it has been given that you have to first issue a show cause, and only when you reply to it in writing and your explanation is found unsatisfactory, may they constitute an inquiry against you. In your case, they have not done so. You can approach the Labour Commissioner of your area and get a proper relieving letter.

The Company HR cannot ruin somebody's career like this. There is one thing called the quantum of punishment in labor laws. Your case doesn't deserve such a harsh punishment like this. Moreover, it is the common principle of law that you cannot give harsh punishment for a petty offense. Please stand against such arbitrary action. All you have to do is to seek help from a labor commissioner.

Best of luck.... Feel free to revert in case of any doubt...

Mr. Kamal,

The ID Act does not have any provision on inquiry. Secondly, one can go to Labor Officials under the ID Act only if he is a 'workman' under the Industrial Disputes Act. All persons cannot go to labor officials when terminated.

Varghese Mathew
09961266966

Hi,

In my opinion, have a meeting with the concerned authority of the company and discuss your case openly the way you did it on this forum. Know the very policy guidelines of the company in respect of the case you are into. Gather the references and evidence in support of your case and then proceed legally to resolve this issue. No company will be so harsh to do wrong with their employees. I feel there is simply a problem of understanding the case in totality.

Nevertheless, one thing cannot be ruled out, and that is if your action of mailing presentation details of the project, even if accepted by you as a mistakenly done action, could be viewed seriously depending on the vitality of the project to the company. So be careful in whatever action you take.

Best wishes,
Bijay

Dear Mr. Mathew,

Please go through the attached file and decide for yourself whether the same is not covered under the Industrial Disputes Act. Your guidance is humbly solicited on the same.

Dear Mr. Mathew,

I also want to state and affirm my stand that his offense is not big enough to warrant the punishment of dismissal without giving him the opportunity to be heard. Additionally, under any law of the land, the rule of quantum of punishment is applicable. Even if I assume that he is not a workman, he is still covered under the principle of natural justice.

Your views are invited on the same.

Dear Kamal,

My response was with regard to your sentence "The law states that they have to conduct an inquiry as per the procedure given under the Industrial Disputes Act."

For the information of all members, would you kindly refer to the section of the ID Act which outlines procedures for an inquiry? Actually, it does not have one. As far as labor law in India is concerned, there is no legislation (except the IESO Act 1946 to some extent) prescribing a domestic inquiry. There are prescribed procedures for government servants.

In the file you attached, there is also no reference to the ID Act. I agree that an inquiry is desirable, though it is possible to terminate a workman without an inquiry.

Varghese Mathew

Dear Sir,

You and I are on the same page regarding the need for an inquiry. However, I would like to add that his offense is not significant enough to warrant the harsh punishment of termination. Cases like this do require a formal inquiry if you intend to terminate anyone.

Dear Anonymous,

Based on what you have shared:

1. What you did was wrong. It will be even more complicated if the presentation you sent out contained confidential information or information not normally available to others in public. Also, it is not clear if you have joined a competitor. If so, the situation gets complicated. Understand this very clearly - the transmission of company's confidential information without the company's specific consent is punishable under the law.

2. You mentioned that you have given an apology letter and it has been amicably settled before your leaving the company. But did you send such documents or presentations to your email before the one where you were caught? If so, the company may have all the right to proceed further on this matter.

3. You also seem to be getting worked up on the "information" given by someone. Is it reliable info? If so, it will be a good idea to immediately contact your ex-boss, HR of the ex-company, and request politely for a relieving letter. If your mistake was just a one-time mistake, you should not have a problem. But if you have "by mistake" done it in the past, the situation is tricky.

4. Your good conduct and performance for a long period do not give you any right to take or pass confidential or restricted documents outside the company. It was the company's property, and you messed with it without permission. Do not mix up issues.

Meet the past company with a genuine intent to solve this and request them for support.

Dear Anonymous,

Are you a workman within the meaning of section 2(s) of the Industrial Disputes Act? If this is the case, the Industrial Disputes Act 1947, within the meaning of section 2-A, applies to you. If not, you first have to review the standing orders/service conditions of your company as well as the conditions outlined in your appointment letter. In any case, the authorities are bound by 'natural justice' and cannot deny you the same. Since termination is a major punishment, they have to follow the laid-down procedure.

Before framing charges, they must conduct a preliminary investigation and then issue you a show cause notice, which if found unsatisfactory by the disciplinary authority, can lead to framing of charges. A copy of the charge sheet shall be delivered to the delinquent. A charge sheet must contain the substance of the imputation, the statement of the imputation, a list of documents, as well as a list of witnesses. You are required to reply to that charge sheet. Only if the disciplinary authority remains unsatisfied, an inquiry can be initiated. The departmental inquiry will commence with the delinquent receiving assistance in the form of defense. If you are punished, you have the right to appeal and request a review. Additionally, the punishment cannot be disproportionate.

I believe you can now work with a lighter heart.

Thank you.

Namitsushma