Harvinder Singh (Scanning Operator) 21 October 2013
Dear Sir.
i am working with my company since April 2008. but nowadays some of my officers wants me to terminate from company due to personal disputes. Meanwhile i didn't receive any kind of Notice from HR regarding termination but HR demanded my Resignation from me verbly so many times and warned me to Terminate.
Please tell me what i can do now?
Kolla V. Raman (Founder Chairman of Global Lgal Services) 22 October 2013
Oral threats does not have legal validity, lyou wait till get termination order and after getting termination order you seek legal advise. Global Legal Services, Mobile: 9290673693, Email: globallegalservicesindia.gmail.com
STUDENT.... (.......) 22 October 2013
Record their voice or video recording with spy cam if possible....
1. Visit to your HR Once again and ask them to speak to you for one on one session.
2. Then ask them the reason why they are demanding the resignation from you.
3. Give your explanation to your HR for the reason he/she mention.
4. Ask them to serve you the notice with reason and salary as per the terms mentioned in the appointment letter.
5. If HR Denies for the same then ask them what if you won't serve the resignation.
Once you record the voice or video then don't share the same with anybody and After all this discussion go back to your desk and start working peacefully without any tension.
Then follow the below mentioned steps:
1. Write a letter to your HR Head and send him via speed post and take the acknowledgement and receiving from Post Office. Please don't forget to mention for demanding the reason of asking the resignation and about the harassment along with that mention how the HR of the company has bthreaten you with termination.
2. Also subsequently write an email to your HR Head, Manager and CEO of the organization for demanding the reason of asking the resignation and about the harassment along with that mention how the HR of the company has blackmailed you with termination, but don't mention anything about the recordings and also make sure while sending this email mention your email in BCC so that receiver should not get to know that you have also sent that email to your email address as well while sending them and If possible take the printout of the email as well.
Then wait for their reply, However they won't reply to email as well as to your letter. But yes they might again try to threaten you with termination or they might terminate you.
If they threaten you for the same then tell them straight away you are not here for this discussion if they have to say anything then they can reply to your email. Which they again won't do it from there end.
Just wait for your termination order from the company and once received the same then jump with Joy and file a case with Labour commissioner for illegal termination, harassment, threats, unethical mel-practise and mental agony, compensation with litigation fees along with your proofs 1st present the email and acknowledgement with receipt of acknowledgement from the postal dept along with Voice or Video Voice Recording.
Like this the case will go in your favour and you won't face any trouble at all.
They will re-instate you in service and also try to request you to withdraw your case.
Than tell them to compromise on the same and also tell them to sign papers in court with the demands as mentioned below:
1. No discrimination in future.
2. Take action against the person/seniors of your dept as well as the HR who threaten you.
3. Time to time increment in salary and per-motion in designation.
4. Litigation fees along with Harassment or mental agony Compensation and your salary till date with interest .
5. They won't try to take revenge in future and won't terminate you from the service till the time you won't take your own decision for leaving the organization.
6. No Overtime.
7. No Week Offs cancellation.
8. All benefits will be given to you as per the company policy also mention that if they change any company policy then they will have to share the same with employees in writing on their letter-head.
Like this you will kneel them down on their knees and punish them like this.
I think all this will solve you issue.
T. Kalaiselvan, Advocate (Advocate) 22 October 2013
I think Mr. Kolla is right. Wait until you get a termination order and then proceed legally to fight against your company based on the legal validity of the grounds stated in the termination order. Until then, please be patient, do not get provoked or frustrated and lose your temper resulting into lose talks or undesired/unbecoming activities/behavior which may become a ground for termination.
Laxmi Kant Joshi (Advocate ) 22 October 2013
Kumar Doab (FIN) 22 October 2013
Remain amiable and gentle.
Do not leave any room for the company to charge you on any count and getting terminated and thus getting a blot on your future prospects.
Download all record that is relevant and useful and keep copies with you.
Since you are being coerced and forced and being threatened with termination you can raise Industrial Dispute now. Approach ALC in o/o Labor Commissioner.
If there is a ‘Works Committee’ or ‘Grievance Redressal Committee’ you can lodge a complaint with them.
You can approach Trade Unions.
Do not submit resignation.
If at all you have to tender resignation do not resign with immediate effect but tender resignation with notice period………….
You can with withdraw resignation before expiry of notice period.
If possible record the meetings (audio/visual) and keep evidence/witness when you are being forced to write your own resignation or face termination.
All said and done it is not worth to suffer and it shall be appropriate to look for better opportunity with a better company with good HR practices.
If you are skilled firm up your next venture as ap.
If you are not overage prepare and appear in competition and be with some good employer.
If you are not properly qualified build qualification from institutions whose degrees are acceptable everywhere e.g. IGNOU.
Don’t waste your youth with such companies.
Harvinder Singh (Scanning Operator) 22 October 2013
Thanxx alot to All for such helpful infomation. I also want to tell you that they trying to transfer me other city on same CTC which is very low. In that case i will have to give resignation from my job. I really don't know what to do now?
Kumar Doab (FIN) 22 October 2013
Record (audio/Visual) the threats to resign and keep witness/evidence.
The trade union leaders can be your witness. Meet them in person as ap.
This may help you to establish that since you did not resign the transfer was effected and transfer is malafide.
You have to help yourself. If you remain silent and do not generate any evidence that can help you then you may suffer.
Consult a local labor consultant/service lawyer.
Your lawyer may draft a representation for you to be submitted by you to appointing authority and MD summarizing all the events that have happened so far or may advise to issue a legal notice.
The legal notice by your lawyer may drill sense into the heads.
Approach your lawyer too as ap.
STUDENT.... (.......) 23 October 2013
Do as I mentioned above this will help you a lot to save your self from transfer as well as from termination or loosing your job.
mohit verma (software engg) 23 October 2013
Dear Sir,
I am ex-employee of Chandigarh based IT company named TRI-S IT Solutions. I joined this company in nov-2012 when i was fresher and looking for the job.
Company is very small and they started work in may-2012 on BSNL CTOPUP project which is big project of BSNL running in all over india. Company is not registered because they don't want to pay Tax . They are earning from BSNL through its Govt project. BSNL is also not aware with this because they have assigned the project to PYRO networks which is hydrabad based company and PYRO outsource this company to TRI-S. TRIS is hiring employee and making their email iD's and giving them a salary slip. My question is how a unregistered company can do all this thing. Is it illegal. they are also playing with our career . Please suggest me what action i can take against them 
Waiting for your precious reply !!!!!!!!!!!!!!!!!!!!!!!!!!
Kumar Doab (FIN) 23 October 2013
@ Shyam Chander
Always initiate a new thread.
The company may be big or small, employee should always give his best and justify every penny of salary being paid.
A violation by employer is a violation.
A violation with aim to evade taxes is an offence.
The IT/ITeS/BPO companies are covered under Shops and Commercial Establishments Act of the state.
U.T. of
To encourage this sector the government provided various incentives and exemptions, as per its IT policy.
U.T. of
As per IT/ITeS policy ( You may go thru SEZ on your own) it seems that exemption has been granted from routine inspection by Labor Inspector, Inspector under Shops and Commercial Establishments Act ( The Labor Inspector might also be functioning as the Inspector under this Act) and is allowed self certification of various forms/formats prescribed under various Acts applicable to IT/ITeS sector in U.T of Chandigrah.
However it should not mean that the Inspectors can not examine records and registers in office of company or call for records and registers in their office.
It is felt that blanket exemption from getting registered under Shops and Commercial Establishments Act has not been granted.
However Assistant Labour Commissioner ( that is Chief Inspector under this Act) and Labor commissioner can provide you precise answer on violations if any.
These officials Chief Inspector and Labor commissioner have to take suo mottu notice of violations therefore even a phone call should suffice.
In and around
If you feel that there has been exploitation you may sensitize Students Unions, Trade Unions (which are many and very active) and they shall protect the interest of fresh pass outs and employees.
You can use web based, internet based communities to create, spread awareness and form communities and associations and unions.
It shall be good to affiliate with National Trade Unions and keep access to labor consultant/service lawyers.
It is felt that IT/ITeS policy of U.T. of
The term Industry does not mean factory alone.
The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies…………………. Section 2 (e) THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946.
{The employees in IT/ITeS sector in Karnataka united and succeeded in ending the blanket exemption from provisions of Industrial Employment Standing Orders Act 1946.
This is the benefit of unity and unions.
The state of Kerala has notified all Commercial Establishments as Industrial Establishments under the payments of Wages Act.}
If standing orders are applicable but have not been certified Model Standing Orders shall apply.
You may go thru:
https://www.lawyersclubindia.com/experts/Standing-orders-426366.asp#.Umd2U3CAqWM
If the employees succeed in getting the standing orders made applicable it shall help to negotiate service conditions which are a great benefit to the employee.
The employees can unite to form ‘Works Committee’ (which is an authority::: read Industrial Employment Standing Orders Act ,Industrial Disputes Act), Grievance Redressal Mechanism………………
{https://chandigarh.gov.in/dept_labour.htm}
Under this Act the Assistant Labour Commissioner is Chief Inspector of Shops and Competent Authority……………………………………..This is very important Act, which regulate the working conditions of the workers in the Shops and Commercial Establishments.
https://chdit.nic.in/itespolicy.htm
Policy Incentives
D……………….The ITES sector would be exempted from the Chandigarh Pollution Control
Act except in relation to power generation sets.
Self certification under different labour laws and legislation shall be made applicable to the ITES companies, as per norms formulated by the Department of Labour.
https://chdit.nic.in/itpolicy.htm
6.2.2 Exemption from Inspections- I.T. services companies shall be exempted from inspections under the Factories Act and the Shops & Establishments Act.
https://chandigarh.gov.in/admn_struc.htm
Labor;
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Mohammed Shayin, IAS |
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Labour Commissioner |
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DC Office, Sector 17, |
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Tel. +91 172 2709000 |
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The company should have registered with Registrar of Companies. To get payment from its principals the company should have obtained necessary TAN/PAN etc.
The company has to provide statutory social security benefits e.g. PF, Gratuity, ESIC……………..
and being employer has to ensure TDS being deductor.
In case of issues employee can approach:
The employee can approach:
>> Lawyer/Law firm: The legal notice/reply by lawyer can drill sense into the heads.
>> Trade Unions, employee’s group/union/IC/Guild…………………..
>> O/o Labor Commissioner: labor Inspector………..
>> Inspector under Shops and Commercial Establishments Act of the State………………………………………………..
>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)
>> RPFC in o/o PF Commissioner
>> Inspector in Local/jurisdictional ESIC office………….
>> ITO-TDS where employee files ITR, jurisdictional CIT-TDS where company files its ITR………………
The employees in It/ITeS/BPO sector also formed unions and have done a good job too:
https://www.itpfindia.org/ https://www.itecentre.co.in/
Contact Us
Please contact us on mail id :
contact@itecentre.co.in. ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees.
To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
https://ithiworld.wikispaces.com/News+Update
ITHI, a forum of women employees in IT and ITeS
IT/BPO Voice of
CBPOP (the present UNIDOC)
www.unitespro.org https://www.wbitsa.org/
The trade Unions are willing to embrace the employees in your sector and can guide from their rich experience. You must have gone thru challenges for organising bpo workers in india.doc
You should access their websites and speak to them too.
All
Centre for Indian Trade Union (C I T U )
National Centre for Labour(NCL)
Bharatiya Mazdoor Sangha (BMS)
The employee’s form your sector has been initiating threads e.g;
https://www.lawyersclubindia.com/forum/Bpo-norms-88678.asp#.UkaEv9KAqWM
Harvinder Singh (Scanning Operator) 24 October 2013
today i asked to HR that give me Written mail to demand resign to me. She rejected this n said she can't give mail. Its upto you what u want to do. The matter is on Hold now (Cause this is festive season os company don't want to take risks but after this season company will transfer me). When i said that i giving resign now to you with your name that she said don't give me give to your HOD. now whole matter is confused. Now i rqst to team members. please tell me if i resigned now and mention that you demanded resign from me so i resigning and also mention that you pressured me to give resign.. will this help me to prove them wrong and on this can i asked them to give me advance salary?
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