Legal Question in Employment Law in India

05.02.2015

Dear Sir / Madam,

As I understand from your query, you have received email confirmations from your reporting head in the US and in Germany that they will not retaliate back on your having escalated harassment and compliance issues pertaining to yourself in particular, or to your team in general. But it is important for you to have directly emailed your grievance(s) to your respective reporting head(s) in the US and Germany, duly copied to the local HR Head and his / her counterpart in India, keeping him / her appraised and in the loop, as and when such events occurred. Presuming you have done that and your performance rating over the past two performance appraisals have remained constant at B-90, your Company would be at fault if they've failed to instantly act thereupon, In my opinion, since your performance rating is good, it indicates you are not at fault, hence do not succumb to pressure tactics compelling you to resign from service. Let the Company themselves terminate your services. If and when they do so, the question of settlement of your salary dues and terminal benefits and compensation will arise. Even if you are given a penny less than your entitlement in the full and final settlement of your dues and terminal benefits, you may directly file a harassment suit against the Company in the US itself, and I strongly recommend you scout for and comply with the local suit filing procedure yourself, instead of relying on a local attorney in the US to do it for you, since you remain in the best position to defend your own case yourself. If the terms conditions of your service state that any dispute will be duly represented and resolved locally in the Company headquarters in India, you will need to file a suit in India.

Regards,