Harassed by seniors to take unfair appraisal rating or resign.Options?


I have been suddenly terminated by my company after a lot of harassment from senior management team. I work as an AVP for a MNC bank. I have been victimised from the time of joining, and escalated it several times. I was also hospitalised due to the stress they gave me at work.

 

They confined me to a meeting room, threatening me to either resign or accept the unfair appraisal rating. I escalated to senior most people. They said they would investigate and were there to help.

 

While I waited for them to revert, they sent a termination letter with no reason.

 

What should I do now?

 

Answer

 

As you were working as an AVP, and the nature of your job was supervisory and not of clerical nature, your case is beyond the jurisdiction of labour court. You ought to seek legal remedy through Civil Court, where you can pray for damages and compensation qua illegal termination. 

 

Based on the facts shared by you wherein your services were terminated without any notice or cause, you have a strong prima facie case against the company for illegal termination. It may also be noted that you will not be able to claim reinstatement of your service from the civil court. (Civil Courts cannot civil courts cannot enforce the personal contract of service and set aside termination of private sector employees)

 

You have the following points in your favour:

 

i. Breach of contract: No notice was given to you before terminating your services. You need to see your contract with the company as to the time period stipulated for giving the notice of termination.

ii. Violation of Principles of Natural Justice: You were not given any reasons for termination and further you were not given a fair hearing before terminating your services.

iii. Mental harassment and torture at workplace 

 

Based on these grounds you can easily claim damages and compensation. 

 

As to the teatment meted out to you, we can see that the offence of Criminal Intimidation under Section 503 and Wrongful confinement under Section 340 of the Indian Penal Code is also established in your case (Even a Company comes within the ambit of a 'person' committing an offence under the Indian Penal Code). You can register an FIR against the company for the said offence.

 


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