Unethical Termination from overseas deployment in Africa

[M SHARMA]

Hello,

I am an Indian, living in Jaipur, coming to age of 47 now, in the end of Dec.’2016, I was appointed by reputed company in Jaipur as Sr. Manager & sent for further duties in Africa. After reaching there, several new facts relevant to working & living condition came to my knowledge, due to these new things, I got sick after few weeks however, I never complained or stopped to execute my duties. My condition was noticed by a GM who gave me few advices but still no treatment. After getting more down in my health, they took me to a local clinic there who were not even able to find the reason or disease. They just said that it could be due to stress or change of climate. I brought the seriousness of the my health condition & other official discrepancies in the knowledge of my VPs who mailed back to me in mid march 2017 to admire my work, honesty, talked about my promotion as country head and also permitted to have medical treatment in India. After 3 weeks to this, I was sent back to India on 6th April 2017 and during a long halt in air travel, I connected to internet on my mobile, I found that the immediate senior (GM) has removed me from official what’s app Groups, I asked him about this and also asked him very clearly if I am still on job or not, he messaged back that I am still on job. I came back home, informed my head office about arriving back, treatment etc. but none of my mails etc were responded. Also I found that my official email ID had been blocked. However, under the impression of admiring mail from VP, confirmation from GM for being on job, I continued towards my tests & treatment. It was found that due to unhygienic condition (bad food & water), some infection entered in the liver and delay of months made it worse. Just waiting and getting no communication from the Head Office, I went there with my requests because I had no money since months to feed my family or even to have my medical treatment. I was told there by the VP, “as per office hierarchy” my job can not be continued there.

So, I am left jobless, moneyless and suffering severely with health problem – where I have done best and more more successful execution of the given official tasks, my work was seen and adored by the VPs, however, they may have the right to terminate me during probation period but do they have the right to terminate without a single error ? Do they have the right to fire someone and enjoy not informing him for so many months? Do they have the Right to play with life of a middle age man ? Do they have the right to give such psychological, physical & financial Harassment to a middle man and his family? Do they have the right to play with law, human rights, ethical business practice just because they are rich and they have the right to buy human lives and dispose them as dead stock ?

Is there any help from law to this family where I am kind of traumatize with all the situation imposed over me and my family for no fault. I have lot of track of mails, photographs, what’s app chat records etc to prove my being innocent, and being a good employee, but I don’t have any money to meet any legal or lawyer’s expenses, rather as in my present situation – psychologically, physically, financially down and under heavy stress, I might not even have properly time remaining to stay alive.

Kindly Help !

[Dr. Ashok Dhamija]

As far as I understand from the facts mentioned by you, you may perhaps have to file a suit in the civil court for claiming compensation and damages for mental agony, illness and illegal termination, etc., and also for violation (if any) of the contract of service. However, to get an accurate advice, you should consult some local lawyer in your area, preferably some lawyer who is expert in labour laws / service laws, by showing him all the relevant documents and details.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[M SHARMA]

Good morning Dr. Dhamija,

I am honestly thankful to you for giving your precious time & advise. I am in very poor financial condition and don’t have financial means to pay for lawyer’s fee for consultation & fee for case. You can trust me about my financial condition with the fact that I am still in poor health due to same Liver problem which I got developed on job and not able to take any treatment for it since after july 2017. I don’t know if some lawyer can help me or filing it in labor court would be equally effective to get a justified compensation from the company ?

Requesting for your kindness and guidance please.

[Author]

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