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Vidya (NA)     18 August 2013

Illegal termination by the employeer

Hi,

I am a hardworking Accounts & Finance Professional since last 12 years with proven track records. I have joined a Pvt Ltd company 3 years back. When I joined company I was offered lucrative package with performance increments every year with the post of Assistant Manager- Accounts. Since company was in the process of expansion and undergoing changes the appointment letter was given to me one year later. Because of the scenarios there was no increment for the earlier 2.5 years. The salaries were never been on time since the joining. In fact salaries were delayed for months many times due to which I took loan from the company to manage the expenses. On Apr 2012, my package was revised with no increment letter. The reason again was policies were not in place. The increment letter was not given to me in spite of repetitive requests, reminders e-mails. Management use to threaten employees verbally for asking explanation on emails for increment and appraisal letters. I was harassed for making demand for Timely salaries and over burden of work due to shortage of resources. Many times I was been asked to work on Saturdays & Sundays without any compensation. The employees leaves were usually rejected by the Management due to lack of resources and  we been asked to work from home for managing work load .Hence I used to work from home since last 2.5 years on payroll , tax calculation, etc. and use to manage excessive work load and it was accepted by the management. 

Due lack of professionalism in the Company  and  excessive work pressure I decided to quit the Company and decided to resign, as I have been offered of  good package another company. 

Due to my unexpected resignation and the kind of work load I was handling since last 3 years, the company management asked me to reconsider the resignation as that was critical time for company to hire resources on immediate basis and handover the tasks which I was handling single handed. In the discussion the company offered me the Loan Waiver which I took for managing my expenses with the revised package that was offered to me by other Company. These discussions were happened with the Managing Directors of the company.  Since the Top management assured me the revised package and reduction in work load, I decided to reconsider the resignation and continue to work on their verbal commitment. 

In the meantime the Management has hired resources and created backup for my work. Then they started harassing me more with more load. Since it was usual and I use to manage the work from home many times as earlier. In August our Annual Increment was due (for year 2013). I was expecting my revised package and areas of salary from April. But in a shocking incident my Manager called me explain me that I have breached the IT security policies which were signed 2 ½ year back, on the clause of sending the daily work files to the personal email ID for working from home. I was asked to handover the work and asked to surrender the company assets. During the discussion with the Management representative, I was offered 3 month salary.

Since it was three months salary offer and I was also wanted to get out of this unprofessional company, I accepted the offer and given handover and surrendered the company assets. After surrendering the assets to the company, I was informed that I will be given only one moth salary and there will be deductions of the loan which was waived for me on the lieu of compensatory benefits instead of immediate appraisal during revocation of my earlier resignation.

I tried to contact the Management for reconsidering the decision which was mutually agreed on that incident day. But now management people are not responding and unreachable to me.

Now I am helpless as I do not have access to any of the policy document which was signed and no copy was provided to any employee of company.

I need assistance to fight against company’s illegal decision and get justice.

 

 



Learning

 1 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     19 August 2013

You issue legal notice state true facts claim 3 months salary as agreed by your Manager of company. You state that you will claim damages for illegal termination of services without assigning any reasons let you wait and see what would be the reply of company. 


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