I worked in a BPO as a Customer Care Executive. Management forced me to report to a different location to work without notice and a transfer letter. I denied to report, and management terminated me. It's clearly written in the appointment letter that "Your initial place of work will be in Delhi. However, your services are transferable, and you may be assigned, after reasonable notice, to any location in India or abroad where the company or any one of its associates or customers conducts business. While on transfer, you will be governed by the rules, regulations, and conditions of service of that location.
What action should I take?
From India, New Delhi
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What action should I take?
From India, New Delhi
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Dear Simran,
What the management has done is totally wrong as it is violative of the condition precedent to transfer and illegal as the termination order breaches the contract of employment. Therefore, you can raise an industrial dispute under Section 2-A(1) of the Industrial Disputes Act, 1947, against the management, claiming reinstatement with back wages and continuity of service. You can do this before the Conciliation Officer for the area, or file an appeal before the Appellate Authority under your State Shops and Establishments Act, if you have completed the minimum required service under the Act, as the case may be.
From India, Salem
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6108What the management has done is totally wrong as it is violative of the condition precedent to transfer and illegal as the termination order breaches the contract of employment. Therefore, you can raise an industrial dispute under Section 2-A(1) of the Industrial Disputes Act, 1947, against the management, claiming reinstatement with back wages and continuity of service. You can do this before the Conciliation Officer for the area, or file an appeal before the Appellate Authority under your State Shops and Establishments Act, if you have completed the minimum required service under the Act, as the case may be.
From India, Salem
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Hi,
First of all, when did the termination take place, and is there a scope of joining back in case of any reconciliation between the management and you? While taking action may be the last resort, and you never know how long it is going to last [your reinstatement], it will be worthwhile to try and explain to the management about the issues that are being faced by you. In case all these have been tried and tested, you may go to the last resort of taking action through legal means. If the management so wishes, it may even rescind the termination letter, so just give a chance to peace and try your luck.
Regards
From India, Hyderabad
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First of all, when did the termination take place, and is there a scope of joining back in case of any reconciliation between the management and you? While taking action may be the last resort, and you never know how long it is going to last [your reinstatement], it will be worthwhile to try and explain to the management about the issues that are being faced by you. In case all these have been tried and tested, you may go to the last resort of taking action through legal means. If the management so wishes, it may even rescind the termination letter, so just give a chance to peace and try your luck.
Regards
From India, Hyderabad
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I had followed the escalation matrix to resolve the issue. However, management is not ready to listen. Should I contact to a lawyer for further action?
From India, New Delhi
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From India, New Delhi
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Dear colleague,
It is evident that your management has acted in breach of the contract and the law. Before seeking justice, you should address the issue by writing to them, providing all the facts of the case, and demanding your reinstatement. It is advisable to have the letter drafted by a labor lawyer.
If the management fails to respond, you can utilize the machinery under the Industrial Disputes Act, as suggested by Shri Umakanthan.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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It is evident that your management has acted in breach of the contract and the law. Before seeking justice, you should address the issue by writing to them, providing all the facts of the case, and demanding your reinstatement. It is advisable to have the letter drafted by a labor lawyer.
If the management fails to respond, you can utilize the machinery under the Industrial Disputes Act, as suggested by Shri Umakanthan.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Mr. Vinayak,
I understand the valid point of your suggestion to give a legal notice before taking any legal actions. However, the typical response from such employers is to hire a more promising lawyer and quickly respond by claiming that the employee in question was not considered a workman under the ID Act or that their establishment does not fall under the State S&E Act, and so on. Many employers in the ITES Sector seem to believe that employment is primarily determined by the free will of the parties involved in the employment contract. They often argue that if an employee fails to comply with the employer's orders, they automatically forfeit their right to employment.
In my opinion, the poster should not waste any more time, as it appears that her appeal efforts were not taken into consideration by the management.
From India, Salem
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I understand the valid point of your suggestion to give a legal notice before taking any legal actions. However, the typical response from such employers is to hire a more promising lawyer and quickly respond by claiming that the employee in question was not considered a workman under the ID Act or that their establishment does not fall under the State S&E Act, and so on. Many employers in the ITES Sector seem to believe that employment is primarily determined by the free will of the parties involved in the employment contract. They often argue that if an employee fails to comply with the employer's orders, they automatically forfeit their right to employment.
In my opinion, the poster should not waste any more time, as it appears that her appeal efforts were not taken into consideration by the management.
From India, Salem
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The management considers its appointment order as just a piece of paper, as indicated by the poster. Every word in the job contract has been disregarded. Legal action seems to be the only solution. Although our justice system is slow and outdated, we are left with no alternative.
From India, Pune
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From India, Pune
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Dear Umakanthan,
You are well aware that you have to raise the dispute first before taking recourse to the legal machinery and proceed on the basis that you are a workman. Whether someone is a workman or a non-workman is for the court to decide based on evidence led on the dominant nature of duties performed, regardless of any stand taken by the employer.
While my views align with yours, I only thought of emphasizing this aspect.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You are well aware that you have to raise the dispute first before taking recourse to the legal machinery and proceed on the basis that you are a workman. Whether someone is a workman or a non-workman is for the court to decide based on evidence led on the dominant nature of duties performed, regardless of any stand taken by the employer.
While my views align with yours, I only thought of emphasizing this aspect.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Thank you, Mr. Vinayak, for your response that sheds broader light on the issue of an employee raising a dispute against his/her employer before any statutory authority for the redressal of certain employment grievances. In fact, although our views are aligned, as you rightly observed, your response further prompts me to offer my views on the procedural formalities of raising a Grievance/Rights Dispute as opposed to an Interest/Economic Dispute.
My view is that in the absence of specific provisions related to an appeal in the standing orders or service regulations regarding employee grievances such as alleged illegal termination, the individual's direct recourse to the statutory authority cannot be questioned. Concerning Interest/Economic Disputes, I do agree that there should be a formal demand made by the employees to the management, and the management's rejection or non-cognizance of this demand.
From India, Salem
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My view is that in the absence of specific provisions related to an appeal in the standing orders or service regulations regarding employee grievances such as alleged illegal termination, the individual's direct recourse to the statutory authority cannot be questioned. Concerning Interest/Economic Disputes, I do agree that there should be a formal demand made by the employees to the management, and the management's rejection or non-cognizance of this demand.
From India, Salem
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Dear Friends,
A Customer Care executive falls within the purview of the definition of a workman under Section 2(s) of the ID Act. Therefore, the aggrieved party can easily raise an industrial dispute by approaching the Labour officer of the area.
I have personally handled many such disputes while leading the HR department for a very large BPO in Mumbai and Chennai.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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A Customer Care executive falls within the purview of the definition of a workman under Section 2(s) of the ID Act. Therefore, the aggrieved party can easily raise an industrial dispute by approaching the Labour officer of the area.
I have personally handled many such disputes while leading the HR department for a very large BPO in Mumbai and Chennai.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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