Legal Question in Employment Law in Pakistan

Sir, My name is M.Saad Khan. My quilification is BS ELECTRONICS ENGR. Sir, After completion of my education career I was applied in Multinational Electronics company (Pvt.) as Customer Care Officer at Islamabad Office. General Manager of Human Resource Department at Head Office Karachi visited Islamabad and take my Interview. After some days 2 or 3 more interview on telephone from karachi Office. The company offer me the post of Customer Care Officer on the following term.

Joining Date: 7th Decemeber 2011

RUMENERATION: 12000/-(Including all allowances)

Probation Period: 3 Months

Benefit: 1Bonus, Twenty days leaves, Gratuity as per service rule etc.

Termination of Services: The company will be at liberty to terminate your services without any notice an assigning any reason whatsoever during probitionaly period. Confirmation will be made on your performance.

After conformation your services could be terminated by either side, by given 30 days prior notice in writing or 30 days salary in lieu thereof.

I have join my duty on 7-12-2011. It is further informed that I have never give any job description.

After 3 months the company wide there letter dated 7-4-2012 confirmed me and write the following words.

You joined the company on 7-12-2011 as Customer Care Officer. Your probationary period is completed on 6th march 2012. You have performed satisfactorily during the said period. The management is pleased to confirm you on the successful completion of probitionary period in your presant position w.e.f 7th march 2012.

Sir, during my service as Customer Care Officer i have perform my duty from 9.30am to late night without any leave and any break.

Sir, on 1-10-2012 the manager of Islamabad Branch call me and give me a letter for termination of my services. The following word is written in termination letter.

The management has hereby decided to terminate your services with one month notice as per clause of your job offer letter. Hence, you shall be relieved from your services on October 31,2012. Your termination is the result of poor performance on your part and you could not perform the given tasks in time that caused a number of pending jobs. You have been verbally counseled by the Branch Manager several times but no improvement was observed whatsoever. On the basis of the above, you are hereby terminated and your last working day will be 31/10/2012.

In view of the above the reason of termination is pending of work. In this connection I informed my manager that during the last 4-5 months of summer a huge quantity of inverter/Ups containing about 700-800 hundred per month are received for repair. All the customer wants to repair his inverter within same day or next day. When we told him that your inverter take time due to huge rush and repair with seneriorty wise, the customers become very rash and miss behave and complaint to the concern authority. After verbal instruction of the manager i have completed all the pending work and tell the manager that there is no pending work on my side.

In view of above please help me what I shall do. Please give me a stay order from the concern court. I am very low paid employee and innocent in the legal procedure. I shall be thankful to you for this kindness. I shall pray to you and your family.

Regards:

MUHAMMAD SAAD KHAN

Mobile No. 0333-5104820


Asked on 10/06/12, 9:29 am

1 Answer from Attorneys
Adnan Bashir A B Choudry Law Firm

yes, you can try to get a stay order , but there is not very likely chance to get stay . Judges sometimes reluctant to grant in such matter, but you can try.... Meanwhile you can obviously sue the company for your termination on the grounds mentioned, which are not ground in real sense . Alternate remedies are there to invoke the court..Termination Notice period is too small which is strong ground in your favor.

Hope for the best .

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0333-5492377

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Answered on 10/06/12, 6:06 pm


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