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Baburao R (tec lead)     11 May 2014

Bgv related

Hi All,

I am working in HCL as a Technical Lead from Nov 2013 to Till. Now HR is asking me to resign because of BGV Failed. I provided all the necessary Documents asked by the HR.

The following mail conversation is happened between HR and Me.

I joined in Nov 2013, HR called me in Dec 2013 and said that " Your Previous Company is in Block List, we don’t bother about that if you are able to provide the any employment proof like bank statement". So i provided Bank Statement. He said " If anything wrong in Bank Statement which you provided, we will call you".

After 3 months i.e Mar 2014 HR called me and said that " the statement which you provided is false". I wondered because I have submitted the bank statement by downloading through net banking.

I wrote a mail to HR by stating i can provide bank statement which is provided by Bank with Seal. He agreed for that so i went to Bank and i brought Bank statement and submitted to HR. 

After that no conversation with me.

After 1 month HR arranged meeting with me and my Manager. He said that " Everything is fine with your previous employment, but the problem is your privies company is in Block list. So we are going to release you”.

Here HR Changed the words. My previous company is in block list, they known it by Dec 2013. They asked me to submit the Bank Statement, and they said bank statement is false, and after few days they said Bank statement is correct but problem is with company is in Block List. They prolonged this issue until 6 months. Now they are forcing me to resign immediately. How can Employee effected, if company is in Block list.

How can i move legally againist HCL and whom i have to contact,
 
Please Help me in this case by writing mail to rbrao541@gmail.com or reply here.
 
Please respond immediately for effective help. Thanks in Advance for Reply.
 
R B Rao


Learning

 5 Replies

Adv. Santosh Yadav (Advocate/Lawyer)     11 May 2014

Your previous company status has nothing to do with your current employment. Since they were already aware of the status of the previous employer, the question of now terminationg you does not arise on that particular ground. You should contact a good labour lawyer in your vicinity and send them lega notice.

 

Regards

Adv. Santosh Yadav

1 Like

Baburao R (tec lead)     11 May 2014

HI Santhosh & ALL,

Thank you for your immediate reply.

As of the information from my Manager, this Monday (12-may-2014) HR may arrange the One to One discussion with me.

They may ask me to resign OR may issue the Termination letter.

At this point of time, How can i react with HR.

If i approach legally is there any chance to give rejoin orders. If not what benefits will i get from the HCL.

 

Please respond to help me in this Critical situation. Thanks in Advance for your pricious replys.

 

R B Rao

 

 

Kumar Doab (FIN)     11 May 2014

 

The issue does not pertain to BGV although you have cited BGV in title of the thread.

Before the HR proceeds for this so called one to one meeting you should submit minutes of discussion addressed to Manager, HR personnel (with a copy to appointing authority, MD, Chairman) under proper acknowledgment with a copy to you, so as to build favorable record in your favor.

The meting to extract resignation from you citing termination or termination later shall adversely affect you in the long run hence you should defend and protect your interest.

The HR has used terminologies that do not convey the actual meaning to suit their interest (leave apart legal or literal meaning) e.g. Block List!

It is guessed that by Block List::::: the HR means to convey the name of companies with which it might signed ‘NON Poaching Agreement’………………………Isn’t it?

Did your previous company not issue salary slips and does your current company issue salary slips?

It is mandatory to issue wage slip/pay slip/salary slip; Payment of Wages Act :Sec13A…………………………..

You are at no fault.

Hence you need to handle the situation deftly and expertly so that you are affected.

1.   You must explain the episode of asking for bank statement, then claiming it as false, forcing you to run to the bank to fetch printed statement with seal and signature…………………………..thus veiled allegation (verbally without any thing in writing) that you have submitted false document so as to force you to resign or face termination.

2.   Message thru Manager to tender resignation or face termination for no fault of yours.

Mention dates, phone numbers, names, designation, name of company, address…………………….brief minutes of discussion etc.

 

Since you have been threatened of termination you can raise dispute now and can succeed to get injunction…………….

 

As rightly suggested by Mr.Yadav approach a competent and experienced labor consultant/service lawyer ASAP.

 

Record all transactions (audio/visual) and preferably keep some witness be it some colleague, friend, employee’s union, trade union member etc…………for use a t appropriate time in appropriate forum and keep the memory card separately and safely.

If the company resorts to termination it may amount to retrenchment.

 

You can approach:

 

IT/ITeS employees unions, Employees Unions, Trade Unions, Lawyer/law firm, Lawful authorities……………….

 

Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.


>>>Inspector under 
--( Name of your state) Shops and Commercial Establishments Act.

 

>>> O/o Labor Commissioner;

The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under  Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.


----IT/ITeS Employees Unions e. They may help you.

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

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

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

 



--- Trade Unions : INTUC, CITU, AITUC, BMS .............................they are more than willing to embrace the IT/ITeS employees.

 

----Lawyer/Law firm

---Civil Court


 

Discuss the matter in person with local Labor Consultant/service lawyer before you proceed further.

 

 Your lawyer may opine that you as per your designation/nature of duties should be covered as ‘Workman’ as in ID Act, ‘Employee’ as in shops and Commercial Establishments Act. 

 

The employees that are not even workman, members of unions they also know how to defend their rights and do not get influenced by line managers, HR and defend their rights.

1 Like

Biswanath Roy (Advocate)     11 May 2014

If HCL terminates your service it will be highly illegal and can be challenged in the Court of Law.

2 Like

T. Kalaiselvan, Advocate (Advocate)     11 May 2014

The HR's proposal of your resignation or their termination is illegal, in the event of you being asked to resign, you may decline to accept the pressure, let them terminate you, the consequent  legal action may bring you back to the terminated post, keep in touch with a local lawyer who is conversant with the service matters in case of necessity.

1 Like

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