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Ayush Jain   07 May 2017

Harassment, illegal termination and labour dues

My name is Ayush Jain and I worked as a Technical Lead in a company named Cointribe Technologies Pvt. Ltd., 5th Floor, Plot No 44, Sector 44, Behind Vivanta By Taj, Gurgaon - 122003.

Since my joining the organisation for some unknown reason, Mr. Manish Gulati (CTO)  was not comfortable with me and not wants my confirmation and continuation with in the company as he wants to replace me with some else for their own interest.

Manish with consensus of Deepa Arora (VP-HR) started to victimise me personally by colourable exercise of power and harassed me by abusing and hurting my self respect/dignity in one way or other during my day to day work in front of other junior and senior member of organisations. It is to be noted that  was working on Sat and Sun from my home also. Manish and Deepa forced me to do so otherwise they threatened me to terminate my job.

On Jan 23, 2017, Manish and Deepa humiliated me so much that I was feeling uneasiness on left side of my face and trouble in speaking and vision while working in the company. Later I was gone into Columbia Asia Hospital in emergency and this was result into the facial paralysis on left side of my face. From that day onwards, I was undergone both allopathic and Ayurvedic treatment for this. Due to this I was on leave till Feb 7, 2017. It is to be noted that I’m still undergone Ayurvedic treatment for facial paralysis.

After joining back in office on Feb 8, 2017, Manish and Deepa again started to harassed me. On Feb 13, 2017, Manish and Deepa abuse and humiliated me and forced me to come on Sat and Sun continuously for 3 months in the office which I refused to do so. Deepa Arora personally called me into her chamber and harassed me to such an extent that my health was going down and I had to take work from home for the rest of the week. 

To my surprise, I receive my termination letter dated Feb 16, 2017 on the count of misconduct as citing the false reason to justify the termination where as no misconduct was done by me nor I have ever did any act of misconduct. 

I also wrote a letter to Co founder of the company Mr Rohit Lohia but of no use. Up till now, they hold my salary and notice period pay along with my performance bonus and not release it after making several requests to them. 

I want to take strict action against the mentally harassment done by Deepa and Manish due to which I was gone into facial paralysis and still I’m under medication.

 

My Full salary is as follow :

Salary for 16 days : 1,16,609

Notice Period Amount : 1,00,000

Performance Bonus : 42, 877

Total : 2,59,486

 

How much compensation will I get of mental harassment done by the company in addition to the above salary?



Learning

 8 Replies

Kumar Doab (FIN)     07 May 2017

While posting such queries employee should post basic information! 

What is this establishment; Commercial, Industrial? 

What is its nature of business say; IT, ITeS? ( Seems to be some  IT/ITeS/BPO/KPO/Call Center etc ) 

How many persons are employed in it? 

What is your designation and nature of duties? 

How many persons report to you?  

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? 

You are in which state (Noted: Haryana)? 

Since how many months you are working? 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Did you submit information for leave, leave application?

 




 

Kumar Doab (FIN)     07 May 2017

Do you have any evidence of demand of OT; work on off days, from you and work/OT done by you?

 

Do you have policy on Performance pay, performance data?

Was any appointment letter, salary slips, leave policy, issued to you? 

 

You have been terminated citing misconduct, so company may not tender notice pay.

 

Ayush Jain   07 May 2017

What is your contact details?

Kumar Doab (FIN)     07 May 2017

Post whatever you want in this thread only. If there is anything that you don't want to post here send PM. Mention weblink to this thread in your PM. If possible I shall revert.

 

Kumar Doab (FIN)     07 May 2017

It shall be appropriate to discuss with local counsel specializing in Labor/service matters of unshakable repute and integrity, at your location, and understand options and merits in your case.  

Labor/service matters is altogether different field of law and there a few counsels that specialize in it and are well known.

 

Usually such cases are referred to them and should be referred to them.

Counsels worth their salt that practise in other matters usually do not meddle into such matters and refer to counsels that specialize in it.  

 

You can inquire about such counsels at LaborCourt/CGIT, Civil Courts, CAT, HC,SC…..    

 

Your own elders of the family, well wishers, employees’/trade union leaders, Family lawyer, DBA officials  etc etc can also help you to find such counsel.

Employees’/trade union leaders can also represent you. 

Kumar Doab (FIN)     07 May 2017

If you have issues in finances try FREE Legal Aid and check in local courts complex.

 

You have posted that you are from Delhi/around Delhi.  

 

Try to obtain FULL FREE legal aid from counsels from Delhi and around areas.  Request LCI members from Delhi and around areas.  

 

Avoid persons loitering at On line portals like LCI posing as Experts to allure unsuspecrting querist, fishing for business.  

 

There are endless numbers of threads at LCI also by querist that have been fleeced at LCI.  

 

If you are confident that you are well versed and can handle your matter as PIP ( party in Person), go ahead.  

Kumar Doab (FIN)     07 May 2017

You are acting at Last minute.

Keep proper medical record with notes of doctors making clear descriptttion of sickness induced with rasosn at workplace.

Best is spend quality time with a very able counsel specializing in Labor/Service matters in person with whole case file or seasoned employee's/trade union leaders.

If you have files some complaint then  Discuss in labor office some points and leave balance for next meeting. 

 

Note that: Approach ALC in state/central Labor office as per appropriate govt in your case. or you may end up wasting some time.

 

AAbhEEshek (Manager)     16 August 2017

Simlier issue, My friend got terminated , the only diffference is not reason mentioned intead of paralysis , my friend met with accident and broke his leg at HQ, no medical support provided , when he returned to base location against doctors medical advice of bed rest he was asked to move in field and not to sit at office even he being at adminitrative role of state head .

 

 

While posting such queries employee should post basic information!  What is this establishment; Commercial, Industrial? 

This is purely commercial, manufacturing and selling of ROAD SAFETY DEVICE

What is its nature of business say; IT, ITeS? (Seems to be some IT/ITeS/BPO/KPO/Call Center etc )

Non IT

How many persons are employed in it? 

200 PLUS EMPLOYEES

What is your designation and nature of duties? 

DGM Sales and Marketing – though administrative but asked for his individual efforts

How many persons report to you?

10 PERSONS

 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? 

Yes

 You are in which state  

Bihar

Since how many months you are working? 

273 DAYS AND CONFIRM EMPLYEE

 

 Was ever any stinker, memo, show cause notice on any misconduct issued to you?

NO ISSUE ON Misconduct.

Twice conditional termination Notice was served. First one on 6th March 2017 on account achieving sales target that got achieved.

second was non performance on June 23rd 2017, even after replying with reference to e mails and facts point wise there was no revert from management weather they are satisfied or not .

 

When degree of harassment reached to peak on 5th August 2017 my friend raised issue of work place harassment to owner of company by e mail stating 22 objectionable operational issues and points related to bully, work place harassment and mental torture which are supported by valid documentation and reference of E Mail and person involved, next working day got letter of termination letter as mention below on August 8th 2017 THROGH E- MAIL

Dear Mr. …………………………………………..,

 

This is with reference to your appointment letter ref/XVZ/HR/NOV/17/001 dated 17th Nov 2016.

 

As per the clause no. 6 of your appointment letter the management has decided to terminate your services with effect from 5th August 2017

 

You are requested to submit all the company belongings provided to you on immediate basis. All your dues will be cleared along with your F&F.

Thanks & Regards

 

 

Clause no 6

  1. After confirmation, if company desires to resign / terminate from employment for any reason whatsoever, it will be free to do so after giving you one month’s notice in writing or one month salary in lieu of such notice, similarly if you wish to resign our employment, you will be required to give company three months notice in writing, or three month salary in lieu of such notice, however company may, at its discretion, increase / reduce the requirement of notice period from you.

 

Person who sent this termination letter in GM HR of different company Of same group, but in attachment soft copy of letter which was on company letter head  where my friend is working but this is signed by authorized signatory with no name and designation.

 


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