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Mahesh (Team Lead)     22 October 2012

Dbs mintek, no salaries

I'm working with a company, DBS Mintek located in Mahape which is a BPO. I joined this company on 11th Sept'12 as a Team Lead. Me and my team of 8 people  were told by Mr. Raj Sharma, Ops Manager tat we wud be receiving the salaried from ou date of joining and from next batch onwards  tehre won't be any salary during the training period. On the offer letter there is nothing mentioned about  salary  not be paid during the training period.

We were told tat the salary will be paid on the 7th then it got postpond to 10th of every mont. On 10th we were told that it will take few more days, no reasons given by Raj Sharma. On 16th we had a meeting with the director of the company Mr. Vibhash Jha, his partners Shv and Sushant and Operatiosn Manager, Raj Sharma.

Vibhash told us that he had informed Raj from the 1st day to inform us that there won't be any salary paid for the training period. Raj tells  to him that he already informed us, but this was tol to us on Oct 10th on teh salary date and nnt at the time of hire. There is nothing in black and white.

Company has not paid us our salaries yet and is not commiting on it . Please guide me to go through a proper channel.



Learning

 5 Replies

Kumar Doab (FIN)     22 October 2012

All of you join hands and, be witness to each other.

Don’t resign without notice.

If you are on training period ideally no notice period should be applicable to you.

What is the designation given to you in appointment letter?

It is felt that no one including a trainee be put to work without wages.

The wages mentioned in your offer letter have to be paid.

All of you may start looking for new job as ap. This company and employer is not worth being employed with.

All of you may demand payment of your salary in writing by communication addressed to appointing authority, MD, HR {with a copy to this OPS manager}  even if by email however mark a copy to personal email id and take printouts.

You are within your rights to lodge a complaint with o/o Labor Commissioner, Wages Inspector, Inspector under SE act applicable to your state.

 

You can also approach a trade union. Trade unions in Maharashtra are strong. Unions and Inspectors can drill sense into this company. If Inspectors delay you may mention that you are contemplating to approach media and peruse RTI route.

 

1 Like

Mahesh (Team Lead)     22 October 2012

The designation on papers is Team Lead and the salary is 18 k. My team has got salaries between 10k - 16k. 

From oct 10th onwards we have been asked not to come to office as tehre was no leased lines and setup was in process. Raj said this is a paid leave. Neither on the offer leter nor on any dicumenet have we read about the resignation/termination policies. 

Infact we have stopped going to office from  16th oct onwards as we have been told that the management will ask Raj to pay by 25th oct. However he does not commit on it and we are pretty sure, company will not pay us.

BTW, there is neither an HR nor an accountant in the ompany. All the work ois done by Mr. Raj Sharma himself. So you see management canot throw him for his fraud. We have already started searching for job elsewhere. 

Any idea about how to approach trade union and are they the right people for BPO?

Kumar Doab (FIN)     22 October 2012

Has the company asked you to stop attending office in writing? You should understand that such instructions should be issued in writing.

Don’t stop going to office. This unscrupulous employer shall declare you absconding after say 8 days from the date of 16th and terminate and then claim in case of misconduct no notice pay is applicable.

All of you from your side submit a written representation immediately  with a copy to you { and each other in bcc} under acknowledgment and conclude that on dated………….Mr/Ms………..his father……….his mother…….and this Raj, has issued verbal instructions to stop attending office from dated………till further instructions, and remain at home and wages for this period shall be paid. However company has not paid the salary for the period you have worked {mention dates} which was due to be paid on dated…….and now the company {mention all names Mr/father/mother/Raj} is stating no salary shall be paid.

Raj is probably not the owner and hence why should he pay salary? He is worse than the promoters. You may not trust him.

You may immediately approach o/o Labor Commissioner, Wages Inspector, Inspector under SE act applicable to your state.

You have to find the union suitable to you.

Whatever is your salary. Salary and designation alone does not decide employee is a workman or not.

If there is no clause on notice period/pay etc then there is no notice period/pay.

It shall be appropriate to approach an experienced labor consultant/service lawyer and show all documents and give inputs in person. You may proceed as adviced by the lawyer.

Who has stated to you that BPO employees can approach a trade union?

 

Mahesh (Team Lead)     22 October 2012

One of our teammates called up Raj and asked about the salries. He said that he is trying to pay everyone's salries but cannot commit. The whole conversation is recorded. The reason v are mnot attending is because there is is absolutely no work as the infrastructure is not setup for everyone to login and to take cals.

One more thing on 8th Oct, I was absent and one of my team mate was asked by Raj to send me a message that my services are no longer required. I went the next day pretending not knowingof the message, Raj, di not say a word and behaved as if nothing has happened. During the meeting he said that i was terminated as   they cannot provide me home drop as the shift ends at 11.30 pm. Since the last train is at 11.15, I leave office at 10.30. At the time of hire, I wa told the shift timings are from 1.30 pm - 10.30 pm.  After a month, it was  conveyed the timings would change. Had I known this earlier I wud not have joined.

Regarding termination, no letter has been given to me yet.

About trade union, you mentioned it in your previous blog.

Kumar Doab (FIN)     22 October 2012

Please read “Who has stated to you that BPO employees can approach a trade union?”

As

“Who has stated to you that BPO employees can not approach a trade union?”

You are not sitting on a strike. Your salary and wages are not being paid.

This company should be reported to the govt. authorities.

You must attend office and mark attendance even if there is no work. The work is to be procured by company.

In your situation you should build record even if you have to send proceedings of the day by email. The company has to relieve you in time if company is not providing home drop or night stay if company wants to hold you later than the timing of last conveyance available in the dead of night. You must place everything on record in writing and build record in your favor. It is felt that you are the first one to be asked to go and team members are in the queue.

Dept. of Labor website is :

https://www.mahashramm.gov.in/

You can contact the inspectors.

Bombay SE Act is available at:

https://www.mahashramm.gov.in/#

This Raj may be as per SE Act

 “(16) "Manager" means a person declared to be a manager under section 7;”

The companies show salary and wages as expenses. The Inspector under SE Act can inspect records. There are provisions for penalties.

51.   Employer        [and     manager     to    produce       registers,    records      etc.  for

inspection.-Every employer [and in his absence the manager shall on demand

produce for inspection of an Inspector all registers, records and notices required

to be kept under  and for the purpose of this Act.

55. False entries by employer and manager.

If the company want to terminate your services company should tender notice/notice pay.

The termination order can be contested. Company has to issue termination order in writing. You may not stop till it is supplied to you. If terminated company shall claim that your dues shall be paid in FNF statement which shall either happen late or never.

It shall be appropriate to demand payment of salary in writing. If verbally you have been terminated then why you should wait, so raise your demand for payment of salary at once. As per SE Act you deserve to be paid 14 days notice pay. It may be difficult to prove that you are not a workman. The company feels that you shall not be able to stake your claim as workman.

You may look into break up of your salary and approach Wages Inspector under payment of wages Act.

бб.Notice      of   termination   of   service.-No  employer   shall   dispense   with   the

services of an employee who has been in his continuous employment -

(a) for not less than a year, without giving such person at least thirty days' notice

    in writing, of wages in lieu of such notice:

(b) for less than a year but more than three months, without giving such person

    at least fourteen days' notice in writing, or wages in lieu of suc

 

The details of IT/BPO companies can be seen at :

https://www.mah.stpi.in/

 

 

 

Maharashtra IT Policy 2003 can be accessed:

9.     Industry friendly and Supporting environment:

9.1  To    enable   IT   and   ITES    units  to  work

               efficiently   on   24x7x365   basis,   provisions   under   the   Shops   and

               Establishments   Act   have   been  relaxed   for   working   hours,   work

               shifts and employment of women.

Other provisions of SE Act are applicable.


Attached File : 596102619 bombay%20shops%20%26%20establishments%20act%201948.doc, 596102619 maharashtra itpolicy2003.pdf downloaded: 167 times

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