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msk   20 September 2017

employer threatening by registering me as obsconded employee

sir, I have joined in a private company in bangalore in August 2017, while in work I faced harsh criticism and abusive words. after one month I submitted resignation through ASAPsystem by mentioning the reason. Now the employer is messaging me like "you want to get relieved or do you want us to register your name in obsconding employee" after resignation 3times I went to company if they can change me to other group of work, but they not changed. in this one month service no theft in company by me. two days back i got message that last working day will be on 19sept.but need to come to office for formalities. as per company 90 days is notice period . are they going to ask me to pay in lieu of that notice period.I donot have enough amount to pay for that. salary is 35-40k/month. requesting to help me in this regard.. thanking you.


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 5 Replies

Kumar Doab (FIN)     20 September 2017

Originally posted by : msk
sir, I have joined in a private company in bangalore in August 2017, while in work I faced harsh criticism and abusive words.
after one month I submitted resignation through ASAPsystem by mentioning the reason. Now the employer is messaging me like "you want to get relieved or do you want us to register your name in obsconding employee" after resignation 3times I went to company if they can change me to other group of work, but they not changed. in this one month service no theft in company by me. two days back i got message that last working day will be on 19sept.but need to come to office for formalities.
as per company 90 days is notice period .
are they going to ask me to pay in lieu of that notice period.I
donot have enough amount to pay for that. salary is 35-40k/month.

requesting to help me in this regard..
thanking you.

 

 

Dear LCI querist @ msk,

Do you have any evidence of abuse etc?

Do you have copy of resignation?

Has any appointment letter been issued to you?

Did you mention that you have viisted on dated.............and dated........and NO action has been taken by company and NO reply to your request to change to other dept/div has been given?

 

Kumar Doab (FIN)     20 September 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?

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? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

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

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     20 September 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?

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? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

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

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Sudhir Kumar, Advocate (Advocate)     21 September 2017

You are not coming with clear facts.

 

How the question of theft came to notice.  You said that last month you committed no theft.  Please clarify regarding pther period.

msk   21 September 2017

sir, company is industrial ITes based. no of employees :around 500 my position: engineer no of persons reporting to me: 0 18days leave per year is written in appointment letter. have hard copy of appointment letter, also have proof of resignation. went to office twice after resignation will be recorded in company's electronic system. manager not accepted my request to change me to other group. office is under cctv coverage. only one month is over since i have joined. no notice to me on misconduct. i am not member of employee trade union. notice period is 90 days. donot have proof of scolded words,dont know whether that is recorded in cctv or not, salary slip is issued for 23 days which is first salary. after complaint manager discussed with me told me to work in same group.I am afraid of going back to that job again.

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