Dual employment fix - please advice

The concealment of any employment history is not suggested. This can invite penultimate action in future, too e.g. BGV and termination.

The current problem is not your doing and the company’s owners or employer is fully responsible.

The verbal agreements are not on record and are also not suggested. If there was verbal agreement you could have minuted it even if by email.

If you have not demanded and obtained copy of BGV then you have committed another blunder.

If you have not recorded discussions/meetings with past employer/HR/Line Managers etc (audio/visual/witnessed/minuted) then you have grossly erred.

Next time you should handle your matters preferably in consultation with your employee’s/trade union leaders, labor Law Consultant/Service Matters Lawyer/law firm.

You should provide full information, pointwise!

What is this past establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

Did you demand service certificate/relieving letter in writing?

Did the company demand notice pay from you in writing?

How did you pay e.g. cash/cheque/DD/NEFT etc?

Did the company issue any acknowledgment of notice pay, acknowledgment of resignation,acceptance, correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slip of all months etc?

Likewise you may reply for the current employer:

What is this past establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What is your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

What is your monthly salary?

Is any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?

Dear Kumar,

Thank you for promptly replying.

I resigned through company email and took screenshots of them. Even have a screenshot requesting payroll and  various other people to stop transacting salary. Post my email account was closed, all communication was made through personal email (like gmail).

The Settlement amount was transferred via NEFT and till date the communication is going through emails.

Both the employers are ITeS and I work as a software engineer. The reporting offices are both in Bangalore. The corportae office of Company A is in Hyderabad and the Company B is Mumbai.

I do not have salary slips of those months from Company A. The amount was directly credited to my bank account.

Form 16 is issued by both..

Request your further assistance in this case.

Regards

MGX

@ MGX,

Your thanks to contributing member/expert is appreciated.

You have posted that:

"Request your further assistance in this case."

NO expert/member any any forum is assitant for assitance. The words matter a lot.

May I ask you to choose words like support, help etc?

I will try to help and you will need to act to get your issues resolved.

However you need to reply to all points preferably pointwise.

You have not responded to many points.

Your response to all points shall rather help you as members/experts can from an opinion.

Dear Kumar,

I extremely apologize for my words. I will take care from now:

Below is the pointwise details:

Company A

What is this past establishment registered as: Commercial,Industrial?
Cpmmercial

What is its line of business:IT,ITeS,banking etc?
IT/ITeS

How many maximum persons are employed in it at any point of time?
~50000
 
 
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
Corporate Office is in Hyderabad and Reporting was in Banaglore office.
 
What was your designation and nature of duties?
Software engineer

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
Yes

What was your monthly salary?
Around 45K

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
Yes I have appointment letter, salary slip of each month, PF number with a/c slips. Form-16 was recently generated. Salary slip for August-Sep and October are not available.

Did you resign in writing under proper acknowledgement (followed by letter under acknowledgement or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Just dropped a mail to them. Have screenshots.

Has acknowledgement of notice of resignation, supplied to you?
No. But I dropped multiple emails to HR-Payroll team and various other people.

Are you a member of any employee’s/Trade Unions?
No
 
Did you demand service certificate/relieving letter in writing?
Yes

Did the company demand notice pay from you in writing?
Yes

How did you pay e.g. cash/cheque/DD/NEFT etc?
NEFT
 
Did the company issue any acknowledgement of notice pay.
Yes

acknowledgement of resignation acceptance
No
correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slip of all months etc?
Yes. Salary slip for August-Sep and October are not available. Don't have ESIC card.

Company B

What is this past establishment registered as: Commercial,Industrial?
Commercial

What is its line of business:IT,ITeS,banking etc?
Banking+ITeS

How many maximum persons are employed in it at any point of time?
10000 
 
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
Corporate Office - Mumbai and Reporting office banaglore

What is your designation and nature of duties?
Software consultant

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
Yes

What is your monthly salary?
55K

Is any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
Yes

Regards

MGX

You are suffering because they have seen that you are alone and no one is supporting you even your own unions or even a lawyer.

The whole mess is created by HR and employer and they are responsible for it and they have caused harassment. They have to clean their garbage or eat it.

There is no reason or logic and possibility that they can not correct their wrongdoings.

They have to do it at any cost  to them.

The demand raised by them and amounts paid by you and other docs in your record itself is Relieving Certificate.

Despite your regular and in time representations they have willfully and intentionally given false info in BGV that can amount to defamation and discriminatory retaliation. Your counsel may opine that criminal charges can be pressed.

There are unlimited numbers of thoroughly discussed threads on BGV etc at LCI alone.

You can conduct search at:

https://www.lawyersclubindia.com/forum/default.asp

just type key words in Box in the bottom  of the page titled as  'SEARCH TOPICS & POSTS' on right hand side and press 'GO'.

and

https://www.lawyersclubindia.com/experts/default.asp

just type key words in Box in the middle of the page titled as  'SEARCH Q & A' on right hand side and press 'GO'.

 The moment employee has resigned he/she has severed employer-employee relationship and implies has signed off.

Don’t get confused with private/internal terms used by employer/HR/Line Managers/Legal cell etc.

These companies are covered by Karnataka Shops and Commercial Estabs Act that was enacted to govern the service conditions of employees working in such establishments.

Does the notice period of 90 days apply to employer also if the termination is initiated by employer………………..and does employer has also to tender notice pay in lieu of notice period?

The notice period of 90 days is beneficial for the employer but detrimental to interest of employee.

These enactments shall prevail upon any private policy or rule or any agreement drafted by employer and signed with employee e.g. HR policy, appointment letter/contract of employment etc.

The employer has to maintain various forms/formats pertaining to attendance,resigfnation, wages paid,deductions,recoveries etc as per Karnataka Shops and Commercial Estabs Rules and you can obtain these from c ompnay or Inspector or thru RTI. Falsification of record as per Karnataka Shops and Commercial Estabs Act also is offence.

All of these enactments, contact details of Inspectors appointed under the enactments, trade unions and leaders, higher officials of Dept. of Labor  are available on website of Dept. of Labor of Karnataka.

As notified by the state govt. each company has to have GRC.

Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.

Don’t remain entangled with them.

You may write to appointing authority/MD and claim that nothing is pending at your end and hence you should be supplied with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives…………………….and adjustment of notice pay collected from you of Rs………… showing correct service period from DOJ to LWD i.e. dated… etc) and FnF payouts by bank DD, service certificate from your DOJ to LWD i.e. dated…………., relieving letter from your DOJ to LWD i.e. dated…, Form16 as per correct FnF statement showing correct your DOJ to LWD i.e. dated…, NOC/NDC, PF number and a/c slips,ESIC card, salary slips of all months i.e………….etc………..thru redg. Post immediately so as to reach you in say next…………….7 days.

Thereafter you can resolve the matter in your favor with your own skills or approach (under expert guidance of your counsels):

---The Inspector appointed under Karnataka Shops and Commercial Establishments Act,

--- Higher officials of Dept. of Labor, Karnataka

---O/o Labor Commissioner

---ITO-TDS where you file ITR and CIT-TDS where company files ITR for correct Form16. They won’t agree to amend ITR,Form16 easily, but persist and make them do it and make them bitter taste of your recipe now.

----IT-ITeS Employee’s (they have done a good job) /Trade unions e.g. CITU/INTUC/AITUC/BMS etc

----Your Labor Law Consultant/Service Matters lawyer/Law Firm

The chances are that your counsels with their skills may resolve the matter in your favor.

Or you or employer can approach court of law.

Thank You Mr.Kumar for a detailed view and guidance. Few more questions that are running in my mind:

Can my present employer legally fire me? In case I wish to change my employer now, will my present employer releive me?

I am planning to change the employer and will not provide any details of "Company A" (Where I just worked for 45 days) -- incase "Company A" doesn't issue correct certificate.. 

Thank you again!

Regards

MGX

You have posted that:

-----“Thank You Mr. Kumar for a detailed view and guidance. “

You are welcome.

----“Can my present employer legally fire me?”

Ideally speaking NO.

Relieving letter signifies that nothing is pending at the end of employee.

Your resignation, your emails etc pointing out errors in processing of salary by past employer, demand of notice pay etc from you, receipt of payment made by you,  your emails etc pointing out errors in LWD and demanding to correct etc shall be testimony of your sincerity and truthfulness and good for nothing conduct of HR personnel and past employer and does not leave any doubt on you.

Hence send all screenshots, all emails, all communications, all payment receipts etc to current employer (Line Manager/HR Head/ appointing authority/MD/Chairman) etc under proper acknowledgment and conclude that the past employer (mention even names) has grossly erred and has not been correcting its own errors and you are not at fault and you can not supply any document until it is supplied to you and you have been demanding it regularly from past employer.

Also do not forget to demand certified copy of the BGV report preferably showing the name(s) of the personnel and company that has given the report and that has conducted the BGV.

Build irrefutable written record under proper acknowledgment.

----“ In case I wish to change my employer now, will my present employer releive me?”

I am planning to change the employer and will not provide any details of "Company A" (Where I just worked for 45 days) -- incase "Company A" doesn't issue correct certificate.. “

You shall be again committing a blunder………………..and facing the dagger of termination again in future.

The past employer is bound to correct and you should bend them to correct, without any adverse effect on you.

The forums/lawful authorities that you can approach has already been suggested.

Better Act and resolve than to run away and commit another blunder.

Rest is upto you.

Hello Mr.Kumar,

Per your advice, I told HR managers to fix this blunder else I will escalate to HR Head including VP. To my surprise, they issued the letter within 2 working days with correct LWD without any dispute.

I am smelling somewhat fishy. Sir, could you help me what should I check so that in future the problem doesn't arise?

Thanks in adavance!

Regards

MGX

If you have carefully gone thru allof the posts then by now you would have prepared the list of each document that you should acquire.

Is this letter on letterhead of the company with official seal and signature with name ,designation of the competent employee?

Has it been sent thru Redg. Post in official envelope of the company?

Download the tracking report from Indiapost website and/or courier website.

Obtain another confirmation from PO/Courier wetting the tracking report.

Obtain the scanned image of the letter ( as recieved by you) from official email id of the company.........................and also all salary slips,revised FnF statement, receipt of Notice pay refund amount with all breakups shown, revised Form16/PF account slips/ESIC Card etc..............and do n ot forget to obtain certified copy of the BGV report and send it to the past HR personnel and ask them to withdraw in writing begging apology.  

Record the calls and keep these safely.

Obtain the register showing LWD as prescribed in Karnataka Shops and Commercial Establishments Rules framed as per Karnataka Shops and Commercial Establishments Act thru RTI. If it is shoing wrong LWD, wages paid/per month etc then obtain thru RTI and ask the HR personnel to rectify with copy to you and obtain rctified copy from HR and Inspector under RTI.

It is form'N' in Tamilnadu Shops and Commercial Establishments Rules.