Sharmakumaru (Manager ) 24 September 2014

Failure to follow terms of appointment letter by employer

I am from Burdhman District of West Bengal.

My complaint is against my employer who is having their Cement Grinding Industry in Burdhman district of West Bengal, for not allowing me to enter in to plant premise during officially allowed Notice period after Resignation from the company, for the intension of Insulting me and creating mental harassment.

I have given my resignation vide letter dated 30/Aug/2014 to the company from the post of Manager, on the ground of personal reasons. Infect I had been several times Insulted and harassed mentally by the management and huge delay for the non-payment of monthly salary for almost 3 month (June, July & August, up to 30^th Aug 2014).

On the same day of resignation I was communicated by company HRD Manager through email, to serve One month notice period as per terms & conditions of my Appointment Letter, till 30/09/2014. Accordingly I have replied against management communication requesting my full & final payment/ dues clearance by 30^th September 2014, i.e. against working days till date of full & final payment. During my notice period working I have received a mail from company HRD manager to avail 18 days balance Leave against additional working days on weekly Off & Holidays from 05/09/14 to 22/09/2014. Accordingly I have taken leave and resumed my balance days of notice period on 23^rd Sept’2014, after proper official information to the management.

As per clause of Appointment Letter a Car without Driver was given to me for my Official duty. Same Car was taken back by the Management after 2-3 days of my Resignation and no other transport arrangement was made for me to attend my duty well in time, to make me harassed and Insulted. After availing 18 days balance leaves as per management instruction, again Management is not providing me any Transport to reach plant since last 2 days, no response is being given even after frequent call & message to Chairman, Managing Director & HRD Manager. Management is neither allowing me to enter in to the plant premises to complete balance notice period and nor clearing/ paying my full and final payment. My monthly Salary is due since last 4 months.

I really don’t know what I shall do in this situation. Clause of One month notice period is already mentioned in my Appointment Letter. Even though Management accepted my one month notice period officially through mail, they are not allowing me to enter in to plant premises and not taking my calls to speak and clear for their decision. I am pretty sure; management is not going to pay my balance Salary & dues of last 4 months on completion of Notice period, i.e. on 30^th Sept’2014, as they are doing intentionally with other employees who have left them in last 3-4 months.

The second fact is that since several years there is no system in this company to disburse monthly salary well in time, PF deduction from senior staff, submission of income tax and professional tax to tax department from employee’s salary at all. No policy & record of standard Rule & Regulations, Standing Orders are available with the Employer pertaining to Designation, Appointment letter, HR Policy, Government taxes & duties payment.

No Records & register are being maintained for the Attendance, Leave record, Payment of staff, no PF is deducted for company staff and many more illegal acts of government tax, for purchase of raw material and sale of product, especially for nonpayment of Sales Tax & Excise duty etc clearly reveals their complete offense & Negligence on official obligations.

During last couple of years many employees have left company because of misbehave, using Abusing word & mental harassment by top management of Company and non-payment of salary in time.

Kindly please Guide me “What should I do, to approach/ Complaint to government official /authority, especially in West Bengal Estate/ Region, as my employer is not respecting/ following given clause/ condition of Appointment letter and not allowing me to enter in the plant premises during my official Notice period duration, for which Management have clearly issued a confirmation letter through Email.

I also wish to know all legal Acts their code nos for my above mentioned problem, in order to communicate my employer in writing mentioning all rules, regulations & acts of West Bengal Government, to threaten them to stop aforesaid acts.

Kindly also favor by guiding me, to which Office/ Authorities/ Forum of West Bengal should be contacted, if my Employer will not pay my full & final Salary & dues, after resignation & completion of Notice period, as I am not financial strong enough to pay for Legal advice from Advocate/ lawyer.

I will be grateful, If any divine soul/ official/ executive may help, guide & favor me for perfect & legal way to solve my aforesaid problem, I will be highly obliged for the same.

Thanks in anticipation

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Kumar Doab (FIN) 24 September 2014

Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer…………………………

The in person consultation with them shall certainly benefit you.

What is your designation and nature of duties and how many persons were reporting to you?

Did you have any power to sanction leave, pass increment, conduct appraisal, recruit/appoint/terminate?

The office/premises where you were posted say admin…………………..is registered under which Act: Factory Act, or West Bengal Shops and Commercial Establishments Act?

Has the company stated in appointment letter that your service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules, standing orders(certified/model)………………………..and did it supply the copy of such rules…………………………..or did it keep such rules on shared portal…………………….and do you have copy of such rules?

Narrate all representations by letter addressed to appointing authority, MD, Chairman, thru Redg. Post and mention names/phone numbers/email id’s/dates/brief minutes…………………………and conclude that as per clause number………………………in appointment letter dated……………….issued to you, you have submitted notice of resignation dated…………………….and it has been accepted by email dated………..by………………and on dated……and dated…………………….you reached office to attend your duties/handover of charge etc during notice period…………………..but you were not allowed to enter the premises by Mr/Ms………….and you have properly informed it on dated……………….to Mr/Ms………………..and since no information has been supplied to you till date, it is construed that from dated…………………your attendance is marked and you are given indirect orders to remain at home without attending to office and shall be eligible for full wages/allowances/perks etc………………and you are complying to orders of the company only……………………..and since official transport provided to you has been taken back on dated……………………by Mr/Ms…………………..you have no transport…………….therefore either official transport or advance to spend @.Rs……………….as per your entitlement be supplied to you to attend to the office/any work/duty that is expected from you………………and written directions by letter thru redg. post be supplied to you and postage prepaid self addressed envelope is attached to send redg. post to you…….

You may add that your earned wages for the month of……………………….have not been paid to you despite endless representations in office and a tentative FNF statement is attached……………………..that may be verified and supplied back to your verification and acceptance.

You may mention that the payment of delayed (earned) wages be supplied to you by bank DD only thru Redg. post only so as to reach you in ……………………….days to enable you to mange your food/household expenses……..

You may obtain the POD from PO (free) and also certified copy of runs sheet of postman (against Rs.10/-) from PO.

The options are:

--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.

--Lodge complaint with Inspector under West Bengal Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act.
One of the job of the Inspector is to ensure that FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................