Divya 13 January 2017

Company concern

was working with a company in Noida (Uttar Pradesh) since Feb'16. Their probation period was of 6 months, which I had already completed successfully. However, my HOD always had a problem with me due to her personal issues. Once I was through with the probation, she started harassing me badly by putting negative remarks against me, Never praising my work no matter how hard I tried. Although, I was under so much mental pressure, I stayed with the organization as I have to manage all my expenses and certain liabilities.

In the month of October'16, I applied for leaves of 21 days as I had to visit my home to meet my parents in Bihar on the occasion of Chhath puja and Deepawali, which is once in every year. This is my only chance to visit my hometown and meet my family. I was also supposed to visit my Maternal Grandfather as his condition was very critical and he was on his death bed. however, I had got my leaves approved only for 14 days by the management after being troubled for almost 15 -20 days.The HOD had clearly said to me that your family issues are your headache and we can't do anything about it. Ultimately I got my leaves approved just few minutes before the office closing hours and that too on the last working day before my leaves started. The management had a condition that I have to work from home during these leaves. The time period was from 25th Oct'16 till 14th Nov'16. The company has also assigned projects to me to get them completed from home and said they will pay for it.

I agreed on each and every condition provided by the company as I had no other option.Even after having confirmed train tickets I cut my leaves duration from 21 to 14 days (as approved) , without meeting my Maternal Grandfather in his very critical stage just to save down my job.I travelled from Chapra to Delhi via local buses with lot of trouble.

However, when I joined back on 15th Nov'16, after assigning new work on the same day and got it completed, at 6:30 pm (after working hours), the management asked me to leave and said that "today is your last working day". This was the same day i had lost my maternal Grand Father, as well. That was a terrible situation for me. I was under lot of mental pressure , badly harassed, was without money , without job and I also had to take care of all my expenses on my own.

They didn't give me any prior notice, had hired a new employee on my designation, haven't done my FNF yet (even after repeatedly asking for the same). Initially they committed me to get my FNF done within 7 days. However after sending continuous reminder and calls they stopped replying. Finally, I wrote a mail about the same and I also mentioned that if my matter will not be resolved then I have to take legal course. They told me to do whatever I can do. HR person conveyed me to write an apology mail for my last email. My concern is, what can I do in this case to get this situation as I want all my dues and also the compensation for mental harassment - as I am still jobless even after two months and managing my expenses on loans.

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6 Replies

(Guest)

You need to contact locally a advocate who deals with labour matters. You need to file case in court and wait. Just do your math of how much is due from company. Advocate fees etc and see if it is feasible to move court. Court proceedings take time (1-2 years in this case).

Kumar Doab (FIN) 14 January 2017

Do you have copy of leave application, acknowledgment of its submission, approval,condition to work from home in writing?

Do you have data/record of work done from home?

Do you have any evidence of asking you to resign or that ‘Today is your last daY’?

Were you terminated by a written order?

Divya 16 January 2017

Hi Kumar Doab,

Thanks for your reply. Yes, I have a copy of my leave application. Although, I don't have the acknowledgment of its submission, approval or condition to work from home in writing, because my HOD didn't reply in the email thread. We had a separate leave application form to be submitted and I don't have any copy of that leave application with me. However, I have the copies of my work from home assignments and my HOD acknowledgments on those assignments.

Again, even though I don't have any written form of my termination from the company but I do have my relieving letter with me. And, as I didn't have submitted any resignation letter with the organization, it's quite clear that the organization have terminated me. I think that can work.

Regards,

Divya

Kumar Doab (FIN) 16 January 2017

Don’t submit any apology letter, if you don’t want to or if it damages your interest.

You seem to have worked for 240days.

You seem to have been terminated during probation period although you have not confirmed if probation period was extended in writing.

It is duty of bosses to initiate appraisal in time.

You can claim verbal termination in office, notice pay in lieu of termination notice, retrenchment compensation, damages etc .

Although you may not like to record termination in your employment related documents e.g; Forms/registers prescribed under UP Shops & Estbs Rules ( e.g; CC,G,H) , service certificate, relieving letter, personnel file maintained by company……..

In case it is recorded then better to contest it so that termination order is called back in writing.

If you have not resigned and company has not terminated then how can it relieve from employment!

However what is stated in relieving letter {(resignation, termination) (adverse comments, good comments, NO comments on conduct and performance)}?

The negative comments about by Manager were in writing or verbal, in appraisals or verbal?

Was any stinker, memo, show cause notice ever issued to you?

Demand correct FnF statement showing computation of earned wages/leave encashment/bonus/reimbursements/incentives etc , salary slip of all months, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips of all years, ESIC card……………….

If you have worked from Home in that case let the leave record updated as NO leave during these days and leave encashment accordingly……………………..

The Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962

https://shodhganga.inflibnet.ac.in/bitstream/10603/34238/10/10_chapter%204.pdf

https://talkhrm.com/wp-content/uploads/2016/05/U.P-Dookan-Aur-Vanijya-Adhishthan-Adhiniyam-1962.pdf?87eede

You may go thru Sec;13,14,18,19

If it was termination then employer should have paid on 2nd days from termination as per Sec;13(4)(a):

(a) where the termination of his employment is by or on behalf of the employer, before the expiry of the second working day after such termination;

You may visit a very able counsel specializing in labor/service matters with all docs on record to ascertain options, remedies, merits.

Were you member of employee’s/trade unions?

Divya 16 January 2017

Hi Kumar Doab,

Thank you for your promptresponse. I am a bit confused about the terms used in the response. Could you please provide me with your contact details (only, if it's fine with you), so I can have a fair understanding of these terms?