M Swathi kumari (Private employee) 09 June 2017

Injustice to my career

Dear Sir I have been working for a new startup company for the past one and half year as a branch head, managing 24 employees. I have a total experience of 10 years. Recently two months back a new Regional manager was appointed and he started his way of handling employees and always says he knew some police comissioner who is close to him. I was forcefully made quit the job on 28th May 2017 where unbelievable and impossible targets were given to finish off within 15days of time. Or my half salary will be put on hold. AND till date i have not resigned from my duties and an email was circulated to all the staff that i requested management to relieve me immediately. Which is not true. Two days back regional manager emailed saying some amounts were due. For which every explanation was given thru email amd none was pending from.my end. Secondly all accounts were maintained by an employee who directly reported to Headoffice and i never involved in accounts.so there is no point of audit or investigations. Till date my salary is not credited and RM says it will take 45 days more to release the salary. Query: until and unless i dont get reliving letter i cannot join other jobs. Being single parent how can i survive wothput salary. What action can be taken legally?

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13 Replies

Kumar Doab (FIN) 09 June 2017

Originally posted by : M Savithri Muthyala
	Dear Sir I have been working for a new startup company for the past one and half year as a branch head, managing 24 employees. I have a total experience of 10 years. Recently two months back a new Regional manager was appointed and he started his way of handling employees and always says he knew some police comissioner who is close to him. I was forcefully made quit the job on 28th May 2017 where unbelievable and impossible targets were given to finish off within 15days of time. Or my half salary will be put on hold. AND till date i have not resigned from my duties and an email was circulated to all the staff that i requested management to relieve me immediately. Which is not true. Two days back regional manager emailed saying some amounts were due. For which every explanation was given thru email amd none was pending from.my end. Secondly all accounts were maintained by an employee who directly reported to Headoffice and i never involved in accounts.so there is no point of audit or investigations. Till date my salary is not credited and RM says it will take 45 days more to release the salary. Query: until and unless i dont get reliving letter i cannot join other jobs. Being single parent how can i survive wothput salary. What action can be taken legally?

Were you asked to sign resignation letter?

Can you establish it by any evidence that you have?

Kumar Doab (FIN) 09 June 2017

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

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

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

M Swathi kumari (Private employee) 09 June 2017

While posting such queries employee should post basic information! . What is this establishment; Commercial, Industrial? COMMERCIAL What is its nature of business say; IT, ITeS? ITS OVERSEAS ABROAD EDUCATION CONSULTANCY How many persons are employed in it? What is your designation and nature of duties? ONLY THIS BRANCH 26 EMPLOYEES BRANCH HEAD:TAKING CARE OF ALL DEPARTMENTS EXCEPT ACVOUNTS. How many persons report to you? 24 EMPLOYEES Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? SANCTION LEAVE INCREMENT: PROPOSAL IS SENT TO HEADOFFICE TERMINATE: YES NEW RECRUITMENTS WITH APPROVAL OF HEADOFFICE You are in which state? TELENGANA Since how many months you are working? OME YEAR SIX MONTHS Do standing orders (model/certified) apply to establishment and your designation? NO Was ever any stinker, memo, show cause notice on any misconduct issued to you? NOT AT ALL INFACT LAST MONTH APPRAISAL WAS GIVEN. Are you a member of employee�s/trade unions?NOTHING AS SUCH WE DONT HAVE ANY BENEFITS FROM HEAD OFFICE. TOTALLY NIL. Not even form16

Kumar Doab (FIN) 09 June 2017

You have not replid to:

Were you asked to sign resignation letter?

Can you establish it by any evidence that you have?

Kumar Doab (FIN) 09 June 2017

You have posted that:

"I was forcefully made quit the job on 28th May 2017"

“AND till date i have not resigned from my duties”

Both are contradictory.

M Swathi kumari (Private employee) 10 June 2017

"I was forcefully made quit the job on 28th May 2017" I WAS PUT FORWARD CONDITIONS, WHICH WERE HIGHLY IMPOSSIBLE AND I REQUESTED THE CEO TO GIVE TIME TILL 30TH. ON 28TH NIGHT RM CIRCULATED AN EMAIL TO THE COMPLETE STAFF THAT I REQUESTED CEO TO RELIVE ME FROM MY DUTIES IMMEDIATELY AND THA CEO ACCEPTED FOR IT ( WHICH WAS A FALSE STATEMENT). Till DATE I HAVEN'T PUT ANY RESIGNATION EMAIL TO THE MANAGEMENT. ON 29TH I MESSAGED RM THAT I WAS NOT FEELING WELL AND NOT ABLE TO COME OFFICE. In reply HE MESSAGED THAT I CAN COME TO OFFICE TO HANDOVER THE KEYS nd REST ALL FORMALITIES. ON 30RH WHEN I WENT, THEY MADE ME SIGN A PAPER THAT I AM HANDOVERING THEM KEYS AND FILES AND THAT I AM NOT GOING TO MISUTILISE COMPANY NAME ANYWHERE. WHEN I SIGNED I MADE A CLEAR NOTE SAYING THAT THIS PAPER OR CONTENT IS VALID ONLY IF MY FULL AND FINAL SETTLEMENT IS DONE WITHIN 24HRS OF TIME (THIS WAS ON 30TH). But till now nothing has been cleared. �AND till date i have not resigned from my duties�

M Swathi kumari (Private employee) 10 June 2017

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 10 June 2017

Kindly note that.1.You may kindly check your offer letter, acceptance and appointment letter.also confirmation letter.kindly read terms carefully.In case any notice is given to you by employer and charge sheet if given and reply filed by you for same .kindly enclose all copies of any correspondence between you and employer and file a petition to the high court with all documents and seek reinstatement in service with all back wages and arrears any any other prayers. You will succeed.good luck

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 10 June 2017

Kindly note that.1.You may kindly check your offer letter, acceptance and appointment letter.also confirmation letter.kindly read terms carefully.In case any notice is given to you by employer and charge sheet if given and reply filed by you for same .and also any termination letter sent by employer with notice of termination or notice pay.kindly enclose all copies of any correspondence between you and employer and file a petition to the high court with all documents and seek reinstatement in service with all back wages and arrears any any other prayers.Kindly note employers if not following legal procedure the employee should be reinstated. You will succeed.good luck

Ms.Usha Kapoor (CEO) 10 June 2017

Unless the employer is a Public/Govt Authority you can't file a Writ in High court.Your remedy may lie in Labour court/tribunal

M Swathi kumari (Private employee) 10 June 2017

Its neither a public or govt sector. Its private company.

P. Venu (Advocate) 11 June 2017

Yes, there are legal options in resisting the issue commecing from issuing a Notice through an advocate and approaching competent authority.civil court. But it may turn out to be too ardous.