Employer holding salary & forcing to give declaration
Querist :
Anonymous
(Querist) 12 September 2017
This query is : Resolved
Hello Sir/Mam,
I need your guidance regarding this mental harassment.
I was working with an NGO on contract as a BDO. That NGO-soft skill training had hold my salary as well and released later after 2 months after constant reminders. Because the Secretary General had personal grudges with me, had hold my salary. But then released, but didn't issue my release letter.
Later I joined an abroad study consultancy as Corporate Communication and continued my work. After some months I got an opportunity as a free lancer trainer in a Training institute. So I used to take training during sundays.
I had informed my current company CEO about the same and he was ok with it. He was a member of that NGO, where I worked before. But even he had some issues with them so he was not related to them. Suddenly one day My CEO had a meeting with that NGO on 31.7.2017 and he gave me a call on that night itself and started asking questions on my freelancer training. Then later he said not to come office and remain inactive for few days in whats app message.
I asked reason and he said something legal because of you, I am in trouble. And from that time onwards he is not answering my call. No email came about my termination nor resignation. But in office he announced that I have resigned. As I call no answer, I whats app him sir what is the reason, he said that that NGO has put a blame on him relating to me taking a training in a class & that I have copied their courses etc.I clearly stated sir, that none of their business, its my life and I can do anything in my free time and I have not copied anything. If they have any proof please show the copyright they hold and ask them to send me legal notoce.
But CEO said they are putting blame on me because of you and so I decided you must leave us. I told him ok I can understand but please clear my F&F. But he is not doing it.
Then when I emailed him whether my employment is ceased, he said yes and your F&F & july salary will be cleared and as I asked date, he put me an email stating that in social media, why you have put a question on quora on the training institute name where you do freelancing. I clearly stated him, sorry sir, I had made a question without any intention. Its a question answer portal so I had just made a query so that people give their views on it. So he asked me why used our logo. I said , as its made using google account automatically the image on google account came.
He said remove it right now.I informed him Sir as I am inactive from any account, I cant make the changes. But he can do it .And asked me to delete any post if made. I deleted the same. And then I informed him as well.
I again mailed him, for my F&F but now he is not replying. Last he replied on 1st Sep as "Tuesday or Wed." thats it. I called him & HR but no answer. Instead when I messaged the CEO , he is saying, I am not responsible for anything. Be ready to face my lawyer. whatever he will say I will do in whats app chat.
Not putting anything in email but harassing me since month till date. Not meeting, not clearing anything.
Again when I had emailed the reminder for F&F, he mailed me “ First of all you have to give us a declaration of your relationship with that training organisation u worked as trainer before our lawyer in this week .”
I don’t understand when I am already been ceased from job, then why to meet lawyer and give any clearance and why?my appointment letter has no clause stating lawyer or declaration after you have been ceased from job.
They have kept my F&F Salary on hold and on that basis forcing and harassing me to come and give the declaration without giving any details about it. Also not gave any legal notice and asking me to meet the lawyer.
Its since 1 month 11 days my July salary is on hold and they want to make me scape goat.
I don’t understand what should I do?
Guest
(Expert) 12 September 2017
Please discuss your real problem in a very precise manner.
Querist :
Anonymous
(Querist) 12 September 2017
My July salary is kept on hold and releive leter and experience letter is still not issued. Not given any official letter or email on termination or cease of job.
Now asking me to come and give declaration to his lawyer about the relationship with that training institute so that on that declaration can issue me a termination letter.
My question is when I am already been ceased from job then just clear my payment and f&f. Why kept on hold and why must I give any declaration to his lawyer. Most importantly, why must I meet his lawyer.
No legal notice sent tht I hve to meet lawyer on what grounds. Neither I demanded any more payment. I just asked salary for actual days worked.
By keeping my f&f on hold, they are forcing me to give declaration. Why should I give it.
Plse guide
Querist :
Anonymous
(Querist) 12 September 2017
My July salary is kept on hold and releive leter and experience letter is still not issued. Not given any official letter or email on termination or cease of job.
Now asking me to come and give declaration to his lawyer about the relationship with that training institute so that on that declaration can issue me a termination letter.
My question is when I am already been ceased from job then just clear my payment and f&f. Why kept on hold and why must I give any declaration to his lawyer. Most importantly, why must I meet his lawyer.
No legal notice sent tht I hve to meet lawyer on what grounds. Neither I demanded any more payment. I just asked salary for actual days worked.
By keeping my f&f on hold, they are forcing me to give declaration. Why should I give it.
Plse guide
Guest
(Expert) 13 September 2017
You may send legal notice to the employer.
Rajendra K Goyal
(Expert) 13 September 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Guest
(Expert) 13 September 2017
The Person who had not posted his own details for several years ,not posted his own identity, not even posted his own photograph and misusing some innocent child's photograph as his identity with malafide intention should not criticize the innocent querist as anonymous.Should not misuse the child's photographs and today's news papers speaks volumes about the misbehavior with children and not to be encouraged here.
Guest
(Expert) 13 September 2017
Obviously by Request is to Mr RK Goyal
P. Venu
(Expert) 13 September 2017
Certainly, there could be circumstances where a querist needs to remain anonymous. Certainly, it is the discretion of the experts to post their replies and suggestion to queries, even if not anonymous. As such, the learned experts who do not approve anonymous querists can ignore such queries, leaving it to others to offer their suggestions, so that this forum could be kept clean and querist-friendly rather than expert-oriented or dominated. It is my considered opinion that points earned by the learned experts should be a measure of their contribution, in the ral sense of the term.
Guest
(Expert) 14 September 2017
Certainly, if an expert hides himself behind a picture of a child and keeping his profile as blank, he may be lacking in self confidence and be doubting himself about his capabilities. He can also be treated as more than an anonymous person. He is a member since August 2012, but for the last 5 years he has not updated his profile, which speaks, "will update later."
If he does not prefer to prefer render any advice to the querist, he could well have avoided from making any worthless posts, as everybody understands the meaning of the term, "anonymous," as appearing for the querist.
The irony is, he is shown to be ranked at the top of the Hall of Fame. Obviously by making such type of vague and worthless posts in multiples, he would have found place at the top. It should have been a matter of shame only for that expert.
Guest
(Expert) 14 September 2017
The author of the query may not give any declaration, as is not necessary on resignation by any law of employment. He may follow the advice of Mr. Jigyasu.
Querist :
Anonymous
(Querist) 14 September 2017
Thnk u. I hve one doubt. When a job is ceased from 1st Aug 2017,then is it compulsory to follow by ceo instruction and meet his lawyer and give declaration? He is forcing me by holding my f&f so tht my signing in declaration he cn terminate me as in work I hve not did anything wrong.
Querist :
Anonymous
(Querist) 14 September 2017
Cn I approach labour office as my salary is 35k?
Guest
(Expert) 14 September 2017
If resigned appropriately and relieved formally from the post, then the CEO has no jurisdiction to dictate terms to his ex-employee.
In that case, for f7f, you can appraach the labour office.
Querist :
Anonymous
(Querist) 14 September 2017
Bt here I hve not resigned. He just asked me not to come to office. And then said ur f&f will be done. It's 1mnth 14days I am ceased from job, and asked not to come office. doing follow up for July salary and f&f. And now when asking for same. They are asking me to come and give declaration so tht they cn but blame and emotionally harassm me to accept it. And then can terminate me on tht basis.
Guest
(Expert) 14 September 2017
How you come to the conclusion that you have ceased from job, when neither you have resigned, not the employer has terminated you? Further. f&f becomes due only if relieved from service, either on account of termination or resignation.
You may better contact some local lawyer, discuss your case in detail with him and serve legal notice to the employer against their verbal order prohibiting you to go to office.
