Harassment by employer
randeep
(Querist) 15 January 2014
This query is : Resolved
sir/maam,
i am randeep sarkar from pune. i was working with reliance communication till dec 2013. in november i boss called me and told to resign and threatened me if i dont resign then HR will terminate me. i didnt did so. then in 5th dec my HR head called me and he too asked me to resign or he will terminate me,.normal procedure is to give written notice to employee or to put him in PIP for a month which they didnt.they kept me calling and sending me sms to resign or else they will terminate me. then on 17th dec i received a letter from HR saying that i am absconding from my job since 5th dec(the day they called me and forced me to resign ). when i protested HR again called me and told me to resign which again i didnt.after this HR informed me that on employee separation portal they have put my resignation (this portal is meant to be used by employee only ). i have worked for 10 months there. Relaince has till not given me my appointment letter inspite of my several request and now they are denying me too give that . please tell me what to do .
regards,
randeep
ajay sethi
(Expert) 15 January 2014
join some other organisation . if your employer does not want you in organisation why continue in said job .
Kumar Doab
(Expert) 15 January 2014
As advised by Mr. Sethi you can separate by resignation any time, or after termination can join any other organization anytime.
If you have decided to agitate then you should proceed under the expert advise of a competent and experienced labor consultant/service lawyer and get the merits analysed before you proceed. Your lawyer shall do the needful to cover the loopholes in your representations so far and to build the record in your favor.
The company does not have the nerve to terminate hence is resorting to such DRAMA.
You must counter the charge of ‘ Abscondment’ that is a ‘Misconduct’ and in such a case company should allow a fair hearing to you before effecting termination. IN case of termination due to proved misconduct company may not tender notice pay.
>> Does this establishment provide pay/wage slip every month and provide for PF, Gratuity, Bonus, Group Insurance, Form16 etc................and has it supplied the PF a/c slips, ESIC Card etc......................?
>> You may keep the SMS safely (demanding the resignation) and secure the Memory Card. If possible print the SMS.
You may submit the representation addressed to MD of the company narrating the incidences date wise, mentioning names / designation/dept/address and brief minutes of discussion including demand of resignation in person by......................by SMS by (mention phone numbers, date, time, message in SMS) from you and conclude that you were prevented from attending the office and allegation of abscondment is false.
Rather when you appeared to reply in person to the letter and as per phone calls of Mr/Ms.........................designation, dept......address.......................(mention phone numbers, date, time.........................asking to appear in person before the HR official ) instead of listening to your reply you were again forced to resign by writing a resignation letter..........................
You may vehemently deny that you have ever submitted any resignation in internal software of the company resignation tool and the resignation in resignation tool is informed to you by HR..............Mr/Ms.....................on dated...................by phone call from phone number on dated...........................at your phone number.........................and you has informed the HR official the resignation in internal software is fake and false and forged.........................and can not be treated as your resignation......................
And you should be allowed to attend to office and duty and you wages be paid to you with immediate effect, and you should be informed by letter thru redg. post.
Even if an employee in included in ‘Verbal Challenge’, ‘PIP’ it does not mean that employer has got some lawful right to terminate.
Employer should provide appointment letter and non issuance may be Unfair Practice.
Bombay Shops and Commercial Establishments Act should apply to the establishment and as per this Act Sec:38: 3B(B) Standing Orders should also apply to the establishment....................................
You may also look into
-- Bombay Shops and Commercial Establishments Act:
55. False entries by employer and manager.
бб.Notice of termination of service
S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages. N.L. Mehta Cinema Ent. P. Ltd, v. Vijay G. Shivgan &. Ors. 1988 I C.L.R. 416 (Bom.H.C.)
--Model Standing Orders:
13. Termination of employment: (1) For terminating employment of a permanent workmen, notice in writing
shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall
be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman
shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of
misconduct alleged against him in the manner prescribed in Paragraph 14.
17. Liability of [employer].--The [employer] of the establishment shall personally be held responsible for the
proper and faithful observance of the standing orders.
18. Exhibition of standing orders.--A copy of these orders in English and in Hindi shall be pasted at [*****]
and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible
condition.
--If this establishment has its own Certified Standing Orders then you may go thru these and check if these are extended to your designation.
>> The establishment should have maintained ( you may check with local o/o Inspector under Bombay Shops and Commercial Establishments Act):
Register of employment in Form "J" (With Inter Leaves - Weekly) (Without Inter Leaves - Monthly)/ Register of leave in Form M/"Leave book" in form 'N' for each employee/ Identity card of each employee/ The register of payment of wages in form II - A
Under the minimum wages Act 1984 and the rules thereunder/ Muster roll cum wages register form II (See Rule 27(1)}/ Attendance card cum wages slip (rules 27(2) (If muster roll cum-wages register is maintained, attendance - cum -wages card must be given to the employees
All this is record of employment.
Has it not supplied appointment letter to all employees?
>> Has it paid the last month’s wages to you?
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... .
>> Employee can approach;
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD, Line manager in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you are covered.
Your lawyer may opine that demanding, coercing, intimidating, pressurizing to extract resignation is offence..........................and that fake and forged resignation is a criminal offence..................... and a police/criminal complaint can be lodged...................................and that forced resignation can be claimed as deemed termination.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues and Trade Unions in your state are very active.
-Inspector under ( Name of your state) Shops and Commercial Establishments Act:
Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)
Wage slip should be supplied before payment of wages. Sec 13A.
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
V R SHROFF
(Expert) 15 January 2014
change your employer. find next job
Rajendra K Goyal
(Expert) 15 January 2014
Better find out new job. In private sector employee has limited scope of resentment and can not survive in the job if boss in not happy with his work.
