Thursday, August 11, 2011
Termination of consultant without notice by company,are there rights to sue the company?
I am HR istant in a company.Recently this matter came before the HR Dprt.Our company is a Noida based MNC in area of Construction sector,is currently working for Delhi Govt for a short time project.The company hired a legal consultant(female) in May ,2010 and after 12 days made sure of the consultants's appointment on short term contract for a peroid of 6 months(30th November,2010).At that time company had its office near Greater Noida and most of candidates were not willing to come from Delhi,because the Company was not providing tranportation facility to staffs.But this lady was also promised that company will shift near CP ,Delhi very soon.)This legal consultant had to work under the commercial manager and thus she was not givn enough liberty to discharge her duties on her own.The Commercial manager did not like her personality perhaps because she was Bihar based and not very fashionable.This Consutant ,after some time communicated to the HR Department about rude and a bit humiliating behaviour of her superior -the commercial manager.She also complained that the Manager never communicates with her properly,when she completes a work and submits it to him ,he never gives his feed back or never tells her about her next work and suddenly on very short notice gives her very lengthy work.This consultant had also asked the management to provide her some more communication facility -like Mobile phone with internet facility and Data card facility ,so that so could also work from home and do legal research on the net and connect to office people when necessary from home too,because all these facilities were given to almost every body in the office.But her superior didnot support her and Management didnot give her any such facility.She used her own phone and data card to do office work .Company didnot pay her for that.After 3 months when the company had shifted to Delhi and more people were able to come there,then the Management terminated her work contract ,without any notice on the same day on gound that the volume of work is much more and requires services of a group of legal professionals.This decesion was based on the feedback given by the commercial manager.Management asked her to give in writing that she is voluntarily resigning,but she refused then a termination letter was given to her.Before her termination she had also reported about non-co-operative behavior of her superior ,and that he had alleged ,that this lady (a 36 yeras old single woman from Bihar) is personlly interested in him,which she denied.She also reported this to the Project director,but nobody supported her.At the time of termination ,she submitted the belonging of the company and told that she would sue as this contract was for 6 months ,her manager had personal bias ,she was not given enough facility to work and because of this agreement with us she had to refuse other work offers.Being a HR professional I want to know ,if she sues,then in which court,under what provision of law,and what are her rights? what can be the maximum the management will have to face?
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