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ASHISH RAWAT   01 February 2017

Not paying wages

Dear All, 

I have joined a BPO Company Name "Digicall Teleservices Pvt. Ltd." in NOIDA sector dated 19th december 2016. HR informed us that the training period is of 9days which is unpaid and after that their will be a certification. Moreover, they informed us that the salary get started the day when we hit the 'OJT'(on job training). After completion of the training and as we got certified dated 30th December 2016. "Our 1st day of OJT counts from 31st decemeber 2016", and so and so we got to know about that the company has another process of re-certification in between the OJT period wherein they recertify the the batch again and that is of 4-5days. We continued the same as on 10th of january 2017 we got our salary cheque of for a day "31st dec i.e (the 1st day of OJT)" and after continuation of the OJT and the so called process re-certification, they informed us on 24th january 2017 that we are not certified and the company is not liable to pay anything for the rest of the 24 OJT days as they have a policy that if a candidate is not certified then he is not eligible for the salary also. Then I informed them about the   Paycheque we got as a salary for 1 day (31st December 2017) but they laughed and replied "go take it as an exception" we are sorry.

Please guide me what to do as it is my first job in the industry and I dont know what to do next as I am requesting to HR's to do the needful but he is not helping me out by saying that "Its in the company policy" Moreover, they do not have this policy in written in any of the documents undersigned by me. Also, I have tried to contact to senior HR but he denied my request also tried to Bully me and my collegues. He told us to report on labor court in very harsh tone and not allowing us to enter in the office premises. 

Please guide me what to do?

Please Find The Attachment .

Ashish Rawat

rawash624@gmail.com



Learning

 4 Replies

Kumar Doab (FIN)     01 February 2017

Did you (and other employees) get the appointment letter and sign it?

If yes, do you (and other employees) have copy of appointment letter and attendance record?

Does appointment letter contain any condition of so called training/certification/re-certification without any wages?

Did you get any salary slip?

Did you ask for salary slip?

Have you communicated anything in writing with HR?

If yes did you agree in writing, to so called: training/certification/re-certification, without any wages?

Have you submitted in writing (under proper acknowledgment that you are not being allowed in office to perform your duties w.e.f. dated………………by Mr/Ms…………..?

If you have communicated anything in writing then attach the copy of communications?

If you have not, hold on, and let your own elders of the family, competent and experienced well wishers, BPO employee’s/trade union leaders, counsel specializing in Labor/service matters draft your communication?

 

 

Kumar Doab (FIN)     01 February 2017

As per offer letter the employee was to get detailed appointment letter on date/day of joining.

Any training that is to be imparted to enable the employee to handle the counters of employer should be without any cost to employee.

Kumar Doab (FIN)     01 February 2017

If there are more employees all of them may join hands.

Take support of Employee’s/trade unions and show all docs and communications to your own counsel specializing in Labor/Service matters.

Don't remain entangled with HR personnel.

Escalalte to good offices of apointing authority,MD, under proper acknowledgment.

The HR personnel seem to be acting as per employers published/unpublished policy for HR.

 

The complaint can be lodged with:

Inspector appointed under Shops & Estbs Act

Inspector appointed under Payment of wages Act

O/o Labor Commissioner

Higher Officials of Dept. of labor

 

 

Kumar Doab (FIN)     01 February 2017

The U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 

is available at;

https://talkhrm.com/wp-content/uploads/2016/05/U.P-Dookan-Aur-Vanijya-Adhishthan-Adhiniyam-1962.pdf?87eede

 

Download and save.


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