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Akash Jain (Senioir Customer Agent)     17 September 2013

Bpo norms

HI Team,

I need you your help.

I was a BPO employee for the past two years with Convergys, Gurgaon. Last week when I was chatting with a US customer over internet, he started abusing me, so I abused him back which i was not supposed to. 

So yesterday Convergys terminated me reagarding that instance. The HR people say that they will do the full and final after 45 days, till then they are not providing me any experience letter or any other document through which I can apply for a new job. Do they have to give some salary to me? Please help me I am very tensed right now. they are not listening to me.

Please do reply

Thank you.



Learning

 2 Replies

Kumar Doab (FIN)     17 September 2013


Approach a competent and experienced labor consultant/service lawyer as ap.

While you should have shown restraint and called the seniors and line managers available at work floor and asked them to intervene for the abuses of the customer………………….

It does not mean that the customer has got the right to hurl abuses at the employee and company would exonerate its customer, would not proceed against the customer and punish the employee alone……………........

 

 

The company is custodian of chatting record and probably you do not have any copy.

It should have conducted an inquiry and could have warned you stating that even if customer abuses the employee the employee doesn’t have the right to abuse back and company shall initiate criminal proceedings against the customer.

 

If you have posted the complete facts then you were instigated by the customer by abusing once or more than once……………

An abuse by employee is taken as misconduct and reason for termination.

Even if the reason is not stated in termination order it might have recorded in personnel file, service card of the employee and might be stated during BGV……………..

The pay day for FNF dues is usual pay day.

BPO’s are registered under Shops and Establishments Act of the state.

Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr

https://www.indiankanoon.org/doc/147071732/

 

 

Haryana follows Punjab Shops and Commercial Establishments Act…………..

One of the duties of the Inspector under the enactment is that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld;

 

Where is the redg. office of this company: Delhi or Gurgaon?

The company should have displayed the registration certificate on notice board near entrance.

If the Payment of Wages Act applies to the establishment the standing orders would apply. You may find out if this company has its certified standing orders or go thru Model Standing Orders.

Designation alone does not decide employee would be covered as ‘Workman’ as in ID Act or ‘Employee’ as in Shops and Establishments Act…………….

 

You may go thru Model Standing Orders:

13.:Termination of employment: (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

14.Disciplinary action for misconduct

15.Complaints

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

 

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

 

 

Trade unions have been trying to organize the BPO employees.

 

In your case of course the trade unions can intervene and defend your interest in issues pertaining to future employment and FNF dues, service certificate.


Attached File : 952261467 challenges for organising bpo workers in india.doc, 952261467 haryana the punjab shops and commercial establishments act and rules.pdf, 952261467 model standing orders industrial employment standing orders rules.pdf downloaded: 170 times

Kumar Doab (FIN)     17 September 2013

If the service is terminated due to misconduct the company may not tender notice pay.

Refer: Model Standing Orders: 14.Disciplinary action for misconduct

And appointment letter, certified standing orders of the company, Shops and Commercial Establishments Act…………..applicable in your case………….

 

However company should make the payment of wages till date of termination of service and supply service certificate within 2 days from date of termination.  


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