Employeer harasment & not releiving
Harsh Maheshwari
(Querist) 07 October 2014
This query is : Resolved
Dear Sir\Madam,
I need your advice for one of my friend case. She is working as software professional in a company called Quest in Bangalore. She had worked there only around 2 months. Currently she is posted on client location. Now she had put paper.
Problem is her quest manager is not giving her proper response whenever she communicate with him.
Here are some data point's:
1. She put the paper around 1 month ago and her manager didn't informed the client after that.
2. She send so many emails ( around 8-9) to her manager but he did not replied even single.
3. Whenever she contact to her manager over phone this guy did not respond properly and start shouting. Also threat her to fire.
4. When she asked to him for release ASAP. This guy didn't came back.
Now situation is became like this, her manager started allegation on her that she had communicated her resignation news to client.
Which is not true as per their conversation.
Note - She having all conversation mail chain with her.
Could you please suggest what next step we should perform?
Thanks,
Harsh
Isaac Gabriel
(Expert) 07 October 2014
Is there any bond specifying minimum period of service ?
Harsh Maheshwari
(Querist) 08 October 2014
No, there is no minimum period of service.
Guest
(Expert) 08 October 2014
Consult Your Local Advocate and Serve a Legal Notice regarding the same.
Harsh Maheshwari
(Querist) 08 October 2014
my question is, Is it advisable? Also under which section or law we can go for this action?
Thanks,
Harsh
Guest
(Expert) 08 October 2014
At Present Explain the Facts and Serve the Notice and waite for their Reply.Once you start proceeding Legally the Sections Could be arrived basing on their Reply.
Rajendra K Goyal
(Expert) 08 October 2014
It seems the manager is not well versed with work and seems he is unable to check the quality of work submitted and is unable to provide advise for betterment of it. There are possibilities he want to introduce his own man on the post and hence intentionally creating situation.
He seems to adopt the tactics generally adopted by seniors in such circumstances.
He is in direct touch with higher management and clients, management would hardly give weightage to the junior employee.
In such circumstances bring in the notice of senior management all facts. Meanwhile search for alternate job.
Legal notice once sent would worsen the situation and would result in difficult stay in the company.
Harsh Maheshwari
(Querist) 08 October 2014
@Rajendra K Goyal,
Thanks for your complete view. But she want to quit this job and already put the paper. Also now she afraid that they might be write some thing wrong in her reliving letter. Also does our law support legal action in this scenario. If yes, under which section?
Thanks,
Harsh
Guest
(Expert) 08 October 2014
Her Legal Notice in advance in detail would protect her.
P. Venu 
(Expert) 08 October 2014
You may send a personal message to our expert Mr.Kumar Doab. He can give the best suggestion.
Kumar Doab
(Expert) 08 October 2014
>>> What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.
How many people are employed in it?
The Redg. office of the company and reporting office of the employee is located in which state?
What was employee’s designation and nature of duties and how many persons were reporting to employee?
Did employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?
Was any offer letter issued ( if not appointment letter) if yes, Who has signed the offer letter?
Is it stated in offer letter/appointment letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?
Apparently her services are not seconded to client but she is placed at client location:::::Isn’t it?
Is it stated in communications issued to her that she has to obtain attendance record/clearance from client?
Was the employee under probation period or a confirmed employee?
What is the notice period stated in appointment letter issued by employer?
What is the notice period tendered by her?
Is this manager employer/owner/appointing authority…………………….or authority to accept resignation?
Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?
Is she a member of any employee’s/trade unions?
What are her usual working hours?
Why does she want to leave in 2 months of employment? If she was unhappy has she place her grievances on record?
Has she recorded the meetings/call/threats (audio/visual)?
Reply point wise to each point.
>>> Software companies are covered by (name of the state) Shops and Commercial Establishments Act, that was enacted to govern the service conditions of employees working in establishments covered by this Act.
Notice period is part of service conditions.
Any service condition contrary to this Act should not survive.
There are threads indicating that Inspector under this Act refused to validate the service conditions that were not in line with this Act.
The longer notice period is beneficial/favorable to the employer and detrimental/unfavorable to the interest of employee.
You may go thru: Karnataka Shops and Commercial Establishments Act: Sec: 6A, 7,8,18, 27,29,39,
For service period< 6 months notice period is =NIL.......................
For service period 6 months notice period is =30 days, that she has served.
Harsh Maheshwari
(Querist) 09 October 2014
@ Mr. Kumar Doab,
Thanks for your details view on this.
Q: What was employee’s designation and nature of duties and how many persons were reporting to employee?
Ans: She is working software engineer. No one is reporting to her. She is kind of junior resource there. Since here marriage is fixed and want to relocate to NCR region.
Q: Did employee have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?
Ans: No
Q: Was any offer letter issued ( if not appointment letter) if yes, Who has signed the offer letter?
Ans: Yes. Let me check as i know it's signed by HR.
Q: Is it stated in offer letter/appointment letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?
Ans: We have copy of that.
Q: Apparently her services are not seconded to client but she is placed at client location:::::Isn’t it?
Ans: I am not sure what is this question mean. But yes she is placed at client location.
Q: Is it stated in communications issued to her that she has to obtain attendance record/clearance from client?
Ans: Yes. And client is happily leave here. As she had worked only around 3months so they do not have much dependency.
Q: Was the employee under probation period or a confirmed employee?
Ans: This is interesting fact with this company. As she checked with HR and they told her that there is no probation period in her company. Although she put the paper before completing 3 months.
What is the notice period stated in appointment letter issued by employer?
Ans: See above answer.
Q: What is the notice period tendered by her?
Ans: As her manager informed her that she need to survive 3 month notice period.
Q: Is this manager employer/owner/appointing authority…………………….or authority to accept resignation?
Ans: Yes
Q: Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?
Ans: Not sure but will check.
Q: Is she a member of any employee’s/trade unions?
Ans; No
Q: What are her usual working hours?
Ans: 9am-6am
Q: Why does she want to leave in 2 months of employment? If she was unhappy has she place her grievances on record?
Ans: She is getting married and what to relocate to NCR region.
Q: Has she recorded the meetings/call/threats (audio/visual)?
Ans: She having all mail chain for all communication(around ~10 mails) from her to her manager. But interested is her manager did not replied single one.
Kumar Doab
(Expert) 09 October 2014
>>> Notice period/pay does not depend upon the T&C inserted by employer in appointment letter/contract of employment/HR policy/Service Rules and Regulations etc drafted by employer and signed with employee.
Service conditions (including notice period/pay) are governed by enactments/statue/instrument of law applicable to the establishment/employer and any T&C contrary to such enactments/statue/instrument of law, shall not survive.
There are many threads that you may find relevant and you can pick up relevant points:
http://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
http://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
http://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA
http://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM
http://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
http://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM
http://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM
http://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
http://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM
>>> Notice pay in lieu of Notice Period is mentioned in Karnataka Shops and Commercial Establishments Act.
You may go thru it and sections mentioned in previous post.
Her lawyer may opine that she shall be covered as per def. of ‘Employee’ as in Karnataka Shops and Commercial Establishments Act {Sec:2(g)}, and as ‘Workman’ as in ID Act…………
In another case Labor Court held that Dy. Manager (Engineer) of a software company, was a workman…………
>>> Since her manager has already perpetuated a dispute she should be careful so that no adverse comments are inserted in her service card/personnel file.
Favorable written record in writing should be built.
Opinion based on docs, inputs on record from an able Labor Law Consultant/Service Lawyer is strongly recommended.
It shall help so that there are residuals and she does not have to come back to Karnataka due to some cunning/zealous/vindictive manager.
>>> You have not posted reply to a few queries e.g.;;;;how many employees are employed in company, how is it registered, is the Manager also the appointing authority/authority to accept or reject resignation………………..as you have posted that appointment letter is signed by HR,……………. what is the notice period tendered by her,
She should have recorded the threats to spoil the career (audio/visual) etc………..!
Has the company stated probation period in appointment letter ::::: if yes ::::what is the probation period?
Has the company stated notice period in appointment letter ::::: if yes ::::what is the notice period?
Has the company stated the option of notice pay in lieu of notice period for employee in appointment letter:::: If yes what is the rate:::: Gross/Basic/CTC? Or is it stated that it is mandatory to serve the notice period and notice pay in lieu of notice period is discretion of management/subject to approval by say………..Manager ? What is the exact statement: verbatim?
Has the company stated the option of notice pay in lieu of notice period in appointment letter:::: If employer initiates termination:::If yes what is the rate:::: Gross/Basic/CTC?
You have posted that you have copy of “HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) “………………………….What is the exact statement: verbatim::::: pertaining to probation period, notice period, notice pay in lieu of notice period for employee and also for employer?
What is the nature of duty/KRA’s etc of the employee described in appointment letter?
Was she performing same duties or some other work? She should download the exact work done by her and all communications pertaining to her work with/by Client
>>> Resignation can be without permission and acceptance.
The moment employee has resigned he/she has ended the employer-employee relationship.
The marriage and shifting to another location for marriage/after marriage………….. is a valid reason for resignation.
Moreover if employer has the discretion to terminate without notice of termination then employees does have the same::::::::::::::The contract of employment should promote equitable discretion or it can be easily termed arbitrary.
Another point is that 30 days notice period is more than sufficient for the employer to put his house in order………………….i.e for handover of charge, Knowledge transfer, installation of replacement etc………..
She must mention in writing that she has properly resigned and no tasks are pending at her end (download proof) and she has been asking to whom she should handover the charge.
You have posted that she has to obtain clearance from client …………………..therefore she should obtain the same and send it to good offices. She can do so only after informing the client where she has been deputed that she has resigned. She may mention that she is getting married. Client being human being and also having no dependency can provide all requisite docs and liberate her.
If Client has no dependency and objection then she should try and obtain some written record to this effect and should also minute it in her emails/letters/representations to good offices of appointing authority/MD/Chairman. She can also minute the threats made to her in gentle language, and build record, and request that she has been performing her duties to the best possible limits and no false/adverse comments be inserted against her name.
She may request good offices to let her examine her personnel file and also to supply her certified copy of her Service Card.
She should not remain entangled with this Manager only. She may enclose the copy of notice of resignation tendered by her, communications made by her, and demand acknowledgment/acceptance of resignation, service certificate, relieving letter, correct FnF statement (showing computation of wages, leave encashment, bonus, OT etc………. to be paid, notice pay recovery, etc) before last date/day in office for verification and acceptance by her, FnF wages as per correct FnF statement by bank DD only, Form16 as per correct FnF statement, PF number-a/c slip-withdrawal/transfer form, ESIC card, NOC/NDC , etc by Redg post ………………………. So as to reach her within her last day/date in company…………
She may mention that after her last date/day in office all communication should be supplied to her by letter only thru Redg. post only and no email should be sent to her…………………………..If company office at NCR ……………………..her lawyer may opine that she can agitate at NCR………………
There are female employees unions, employees unions in IT/ITeS sector too, employees unions, and there are trade Unions, Labor Officials, Labor Law Consultant/Service Lawyer ……………that can be approached………………..
http://www.itecentre.co.in/
http://ithiworld.wikispaces.com/News+Update
IT/BPO Voice of India | Facebook
UNITES Professionals
www.unitespro.org
www.itpfindia.org/
http://itnitesunion.wordpress.com/author/itnitesunion/
Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)
mankar.janardan@gmail.com
________________________________________
http://www.shivsena.org
https://www.facebook.com/ShivITSena/info
http://www.amrc.org.hk/node/1088 CBPOP
http://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html
http://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx
http://labour.kar.nic.in/labour/trade-unions-list.htm
http://labour.kar.nic.in/labour/default.asp
http://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435
http://labour.kar.nic.in/labour/trade-unions-list.htm
http://labour.kar.nic.in/labour/default.asp
>>> It shall be appropriate to show all documents and communication on record to an able Labor Law Consultant/ Service lawyer and give inputs in person and proceed under expert advice of the lawyer.
The lawyer that has examined docs and inputs can advise you the best.
Your lawyer may opine that even 30 days notice period is not applicable to her, that she has already served hence she is not liable to tender any notice pay in lieu of notice period.
>>> Hope this shall suffice.
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
Nothing more to add after an elaborate and proper advise by expert Mr. Kumar Doab.
