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Rakesh Roshan (N/A)     13 December 2013

Roshan's stroke @ office but company force-ably got resigned

I am Damodhar R Roshan was an employee of M/s IBM India Pvt Limited, Employee ID 08803D, wish to bring to your kind notice that I had a Paralytic Brain stroke on November 9, 2011 while I was working in office. And I was admitted in Apollo Hospital, Jubilee Hills, Hyderabad by my colleagues.
 
Since, I didn't have B.P, Daibetic, Non-smoker. Above all I am a sports person. The only reason for my stroke is high work pressure on Thursdays & Fridays, where we have to work 14-15 hours to deliver the reports.
 
I was advised to take leave for 3 months by the concerned doctor and I was under treatment. I was under sick leave during the months of November, December, and January. After which I was asked to resume my duties by my First Line Manager(FLM) Mr. Mahesh Cheepala.
I started working from home since February 1, 2012, during March, April, and May 2012, I was reporting to IBM Hyderabad Office every Monday and was working from home for the rest of the week days.
During this period my First Line Manager, started pressurising me to report to office everyday. I had taken permission from the Second Line Manager(SLM) Sridhar Cowta to report for two days in a week to office that is every Monday and Thursday for the months of June and July 2012, because only on these days there was more workload when compared to rest of the days of the week.
 
I was not completely recovered, that is, I was able to work with only my left hand.
Medical Certificates were submitted to HR Partner from time to time.
 
For the month of August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or I will be placed under PIP Plan. Even then I took it as a challenge and I started working because I was under Medical treatment and physiotherapy and for this I was in need of money.
 
In mid-August my FLM arranged for a meeting with the HR Partner Ms. Anuradha, and both of them asked me to tender my resignation and was given one day time to resign otherwise I will be terminated by the end of August. I sent an email to the HR Partner asking her to convey the same message in an email, for this she replied asking for my Medical report and also the time frame for complete recovery of my health.
 
I had submitted the Medical Report as requested. 
 
On August 31, 2012 my FLM took my Laptop and Locker key and asked me to wait for            
half an hour and then later he called me on my mobile phone asking me to come to office on September 3, 2012 for a discussion.
 
On September 3, 2012, I reported to office for discussion, my ID card was taken back and I was told that I was still under Probation and I will get my Full and Final settlement and letter by post to my Residence.
 
Till date I have not received any communication whatsoever from IBM. On October 30, 2012, I received a letter dated October 25, 2012, from IBM Bangalore office stating that I was under unauthorised absence and I was asked to report to my designated Manager within 5 days, hence I reported to IBM Hyderabad office on October 31, 2012, but I was made to wait for three hours by the Security Personnel after which the FLM came and told that you are terminated and this letter has come from IBM Bangalore office and he refused to see the letter sent by your office nor did he take my explanation letter, whereas I verbally informed him that I will be happy to join back work since he has not taken the letter.
 
If I was on unauthorised leave I would have had my Laptop, Locker key and ID card under my possession, which I don't have.
 
I was force to resign by management by stopping my pay for six months and puuling my laptop & ID card.
 
I wish I will get justice and compensation and a job in IBM.


Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     13 December 2013

IBM is covered by the Shops and Establishments Act. Please write a written complaint with all available supporting documents and file this with the local

labour authorities, seeking remedial action, including reinstatement.

 

Vasudevan

Kumar Doab (FIN)     13 December 2013

Mr. Vasudevan has given a valuable advice. Kindly follow it.

 

 

You have posted that;

 

----“In mid-August my FLM arranged for a meeting with the HR Partner Ms. Anuradha, and both of them asked me to tender my resignation and was given one day time to resign otherwise I will be terminated by the end of August. I sent an email to the HR Partner asking her to convey the same message in an email,”

 

Instead of affirming to accept or declining to accept that resignation was demanded from you the female HR has

 

she replied asking for my Medical report and also the time frame for complete recovery of my health.”

 

 

This email sent by you may help you.

 

 

------“ I was force to resign by management by stopping my pay for six months and puuling my laptop & ID card.’

 

Did you resign?

 

If you had resigned then where is the need to terminate?

 

 

 

----“I received a letter dated October 25, 2012, from IBM Bangalore office stating that I was under unauthorised absence and I was asked to report to my designated Manager within 5 days, hence I reported to IBM Hyderabad office on October 31, 2012,”

 

Did you send your reply to this letter and deny the unauthorized absence?

 

 

 

Has the company supplied you any FNF statement and order of termination?

 

Did the company send the termination order copy to o/o Inspector under ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 (section 47).

 

If you have not resigned and if no order of termination has been supplied to you lodge a complaint with Inspector under ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 at once (section 47 (2).

As during the pendency of complaint termination order should not be issued.

 

 

 

 

-----“ we have to work 14-15 hours to deliver the reports.’

 

 

Do you have attendance record to show it?

 

Did the company pay any OT?

 

----“ I had taken permission from the Second Line Manager(SLM) Sridhar Cowta to report for two days in a week to office’

 

Did you obtain the permission in writing?

If yes how can the FLM proceed against the SLM i.e. his Boss?

 

-----‘ I was not completely recovered, that is, I was able to work with only my left hand.’

 

Do you have any evidence of not being fully recovered but pressurized to work?

 

 

-----“ For the month of August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or I will be placed under PIP Plan.’

 

Is there any written communication stating that you shall be included in PIP.

 

Do you have copy of PIP policy?

 

PIP is precursor to termination.

 

Is it stated in PIP that after.................................employee can be terminated?

 

 

How can an employee that has not fully recovered be included in PIP??????

 

 

------“ On August 31, 2012 my FLM took my Laptop and Locker key and asked me to wait for            

half an hour and then later he called me on my mobile phone asking me to come to office on September 3, 2012 for a discussion.

 

On September 3, 2012, I reported to office for discussion, my ID card was taken back and I was told that I was still under Probation and I will get my Full and Final settlement and letter by post to my Residence.

 

 

Did he issue any acknowledgment of items collected from you?

Did you minute the meeting?

 

Termination during sickness can be a bad order.

 

Demanding resignation is offence and employee can lodge a criminal complaint.

 

You should see a lawyer specializing in labor/service matters and well versed with

 

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 that is so employee friendly.

 

34. Compulsory enrolment of employees to Insurance cum Savings Scheme

47. Conditions for terminating the services of an employee, payment of service compensation termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of supension

You may also approach trade unions (Obtain their address in AP and speak to the secretary. The trade unions have been more than willing to embrace the IT employees) e.g; like INTUC, AITUC, CITU etc 

 

 

and IT employees unions.

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

 

 

IT/BPO Voice of India | Facebook

 

UNITES Professionals

 

www.unitespro.org

 

https://www.wbitsa.org/

 

I. T. PROFESSIONALSFORUM-INDIA - Home

www.itpfindia.org/

 

 Put your points in order and prepare well.

 

 

 

 


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