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Pradeep (na)     04 January 2018

Electronic modification of resignation details with bad intention

Dear Learned/Respected Lawyers, 

1. My friend resigns protesting 'Repeated harassment' by his manager by mentioning reason ONLINE as 'Repeated Harassment'. He does so to escalate the matter to higher ups about Harassment.

2. However, his manager & probably HR team modifies the reason to 'Voluntary' 'Job Content' ONLINE so that harassment is not investigated, harassment is not known to higher management.

3. My friend discovers this after 6 months after discussing the matter with friends / relatives/ well wishers and has some evidence 

a. Electronically generated  'No Due form' stating Reason for resignantion as 'Voluntary' 'Job content' &

b. His mail to HR clearly stating reason for resignation as 'REPEATED Harassment'

My friend is fired and out of company , CAN HE FILE Sec420 case with this proof against his manager & HR Team (or people who modified reason for resignation) ?

Please LET ME KNOW, HELP MY FRIEND will be greatly appreciated.

Thanks and Regards,

Pradeep

 

 



Learning

 5 Replies

Kumar Doab (FIN)     04 January 2018

What is this evidence?

Is it screenshot of having posted reason as ' harassment'?

In future attach screenshots with emails.

Download printouts. 

1 Like

Kumar Doab (FIN)     04 January 2018

What is this firing?

Is it termination after having posted Resignation?

Is termination by a speaking (written) order?

What is the reason mentioned in termination order?

 

1 Like

Kumar Doab (FIN)     04 January 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

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

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

1 Like

Pradeep (na)     04 January 2018

Dear Kumar Sir

BPO Company

Multi-nation location 

70,000 employees

Bengaluru, Karnataka state

Evidence is not screen shot but XPS file of the email itself & No Due form sent by co. to personal email ID

Resignation due to harassment converted to Resignation due to 'Job Content' & 'Voluntary' in spite of an email written to HR Manager stating clearly that he was protesting 'repeated harassment'. He has also written to Co. ombudsperson with full details of harassment, however, local HR has converted it into mere 'Resignation' and hidden 'REAL REASON'

Hope this Helps Sir

 

Pradeep (na)     04 January 2018

Kumar Sir,

I am seeing if he can file a Sec420 case of cheating to make the case more relevant, friend has already filed petition in Local Labour Comissionner . I thing a clinching evidence is required to nail the company. I have already suggested to contact lawyer, but posted on this forum for encouragement. Hope my friend is on right side and company will be penalized for the 'electronic modification' of his ONLINE resignation with intention to throw a performing employee. He has customer comendation with 94/100 point score and was leading a TEAM of THREE. 

Regards,

 


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