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fighting back (exec)     18 September 2013

Got warning letter from employer

hi guys.

wanted to know, my employer gave me a warning letter yesterday, to improve my perfomance at work with immediate effect, failing which they will be compelled to through me out of the job. the fact is due to my present cases, i am not able to concentrate on my work, due to the on going cases like, DV, 125 sec 9 filed by her. hma 24 etc. 

i fear that in a couple of weeks i will be forced to put down my resignation letter. in this scenario. what will happen? because i am already paying in HMA 24 case,. 125 and DV are going on. i fear that i wont be able to pay maintaience if i loose my job. as getting a new job with the same salary is very difficult. hence please advice. how can i use this warning letter to help me in my 125 and dv cases.

thanks



 19 Replies

rajendra (na)     18 September 2013

Brother,

Experts may comment on this.

As per my idea recently one court judgement saying husband should beg and pay the maintaince.whatever the worst situation like loosing the job or any still court will not show any mercy on gents.But still we can file a petition on this saying need sometime to find out the new job and will pay the amount.we can show our resignation letter in case if any.some judges say ok some says no..


Try enjoy as much as u can on weekends so u can concentrate on your work.

more details contact confidareindia.com

1 Like

(Guest)

1.Warning Letter is not treated as change of circumstances in her maintenance cases unless it is not attached with termination letter or unemployment letter or Demotion letter.

 

2.There are few judgements related to which I have come across on this issue you can check on my thread List of Maintenance judgements.

 

3.You can't be ignored by Minimum Wages Act 1948 by court and certainly court may drive on such conditions.

 

4. Don't worry for loss of job.......just concentrate from now onward's.

 

5. If it happen's also then file for change of circumstances along with affidavit and document's related to such cause.

1 Like

(Guest)

For your beneficial just read this:

 

Minimum Wages India 2013 – Current Minimum Wage Rate India

 
 

Legislative protection for workers to receive a minimum wage, can be considered as the hall mark of any progressive nation. It is one of the fundamental premises of decent work. In India, the Minimum Wages Act, 1948 provides for fixation and enforcement of minimum wages in respect of scheduled employments.

The Act aims to prevent sweating or exploitation of labour1( According to the NSSO (2004-05) 61st round, around 395 million workers (86%) out of the total workforce of around 457 million workers constitute the unorganized/informal sector. In fact 7% of those employed in organized sector has been identified as informal workers raising the toll of informal sector to 422 million (92%). )through payment of low wages by ensuring a minimum subsistence wage for workers. The Act also requires the appropriate government (both at Centre and States) to fix minimum rates of wages in respect of employments specified in the schedule and also review and revise the same at intervals not exceeding five years.

Currently, the number of scheduled employments in the Central sphere is 45 whereas in the States sphere the number is 1650 (when all states are counted). With effect from November 2009, the National Floor Level of Minimum Wage has been increased to Rs 100 per day from Rs 80 per day (which was in effect since 2007). Recently with effect from April 1, 2011 the National Floor Level of Minimum Wage has been raised to Rs 115 per day.

Since the respective state governments have been empowered to independently fix minimum wages, disparities between wages in neighboring states are common. In order to reduce this problem and bring comparability the Central government has set up 5 regional committees (table below)2 for harmonization of minimum wages.

Current Minimum Wages

In India the following States have fixed minimum wages (the list is not exhaustive):

Central Sphere
(w.e.f April 1, 2013 to September 30, 2013)
Andaman & Nicobar
(w.e.f. July 1, 2013 to December 31, 2013)
Haryana
(w.e.f July 1 to December 31, 2013)
Nagaland
(w.e.f. October 1, 2008)
Andhra Pradesh
(w.e.f April 1, 2013 to September 30, 2013)
Himachal Pradesh
(w.e.f September 1, 2012)
Orissa
(w.e.f. October 1, 2012 to March 31, 2013)
Arunachal Pradesh
(w.e.f. February 19, 2009)
Jammu and Kashmir
(w.e.f. January 1, 2013)
Puducherry
(Notification date March 1, 2011)
Assam
(w.e.f. March 1 to August 31, 2013)
Jharkhand
(w.e.f. April 1, 2013 to September 30, 2013)
Punjab
(w.e.f. March 1, 2013)
Bihar
( w.e.f. April 1, 2013 to September 30, 2013)
Karnataka
(w.e.f. April 1, 2013 to March 31, 2014)
Rajasthan
(w.e.f. January 1, 2013 to June 30, 2013)
Chandigarh
(w.e.f. April 1, 2013 to September 30, 2013)
Kerala * Sikkim
(w.e.f. April 1, 2013 to September 30, 2013)
Chhattisgarh
( w.e.f April 1, 2013 to September 30, 2013)
Lakshadweep
(w.e.f. December 1, 2011)
Tamil Nadu
(w.e.f April 1, 2013 to March 31, 2014)
Dadra & Nagar Haveli
(w.e.f. April 1, 2013 to September 30, 2013)
Madhya Pradesh
(w.e.f. April 1, 2013 to September 30, 2013)
Tripura *
Daman & Diu
(w.e.f April 1, 2013 to September 30, 2013)
Maharashtra
(w.e.f. July 1, 2013 to December 31, 2013)
Uttarakhand
(w.e.f. April 1, 2013 to September 30, 2013)
Delhi
(w.e.f April 1, 2013 to September 30, 2013)
Manipur
(w.e.f. February 1, 2011)
Uttar Pradesh
(w.e.f April 1, 2013 to September 30, 2013)
Goa
(w.e.f. March 14, 2013 to August 31, 2013)
Meghalaya
(
Notification Date - August 24, 2009)
West Bengal
(w.e.f July 1, 2013 to December 31, 2013)
Gujarat
(w.e.f April 1, 2013 to September 30, 2013)
Mizoram
(w.e.f. April 1, 2011)
 

*Revised Minimum Wages. w.e.f. date not available

Definition of Unskilled, Semi-skilled, Skilled & Highly Skilled Workers

 

5 Regional Committees in India

Current Minimum Wages
Region States/UTs covered
Eastern Region (6) West Bengal, Orissa, Bihar, Jharkhand, Chhattisgarh and Andaman and Nicobar Islands.
North Eastern Region (8) Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim.
Southern Region (6) Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Puducherry and Lakshadweep.
Northern Region (9) Punjab, Rajasthan, Himachal Pradesh, Jammu and Kashmir, Haryana, Uttar Pradesh, Uttrakhand, Delhi and
Chandigarh.
Western Region (6) Maharashtra, Gujarat, Goa, Madhya Pradesh, Dadra and Nagar Haveli and Daman and Diu.


Disclaimer : Minimum Wages have been provided by the Labour Departments of respective states. All efforts have been made to update the minimum wage data on a regular basis. However, there might be unforeseen errors.
Data collected by Paycheck India.

Source: Growth Pole Programme for Unorganized Sector Enterprise Development by  NCEUS, April 2009
Press Information Bureau, GOI.

 

fighting back (exec)     18 September 2013

@sufferer, need justice....rajendra .........thanks guys for your kind replies......i just want to know....our company, asks the low performing employees to ' put down our papers' that is: resign by ourselves' so if tommorrow i am asked to resign, then i will only get an 'accepted resignation letter' from my employer, i will not get a termination letter, so will this be detrimental to my case, so should i ask my employer to give me a termination letter instead??

@need justice...i agree with you, they have already given me in writing in the letter, that if i dont perform within the next month, my services would be terminated, however, in reality they ask the employees to put down the papers by themselves, in order, not to spoil their future career opportunities.

@sufferer...as you said, Warning Letter is not treated as change of circumstances in her maintenance cases unless it is not attached with termination letter or unemployment letter or Demotion letter. 

but what if i attach my resignation letter with that warning letter, just in case i am asked to put down my papers? will it help, because my company usally discourages termination as it spoils the career

@rajendra....yes bro, i can understand, but due to frequent absentism due to court dates i performed very low, so i was given a warning. 

 

Kumar Doab (FIN)     18 September 2013

It is suggested that you may take other cases as a part of situations in life and do not let these stress you, and focus on bettering the performance as ap.

In such situation protecting the job and source of livelihood should be top priority.

Your employer thru its officials has sent email to better the performance or face termination on the ground of inadequate performance.

The email is not asking for resignation which could be termed as an offence.

It is felt that this email should not be left unanswered. The employee should buy time.

OR

The HR may deem that you have accepted the contents and charge in email…………………

 

Performance can be based on many factors e.g. poor after sale service, bad quality, uncompetitive pricing, unavailability of spares, shortage of stocks, non settlement of claims of dealers………………….etc. You would know the reasons that you can highlight.

If dip in performance is uniform and universal across board, in office, branch, dist, region, zone, pan India an individual employee should not be targeted.

If targets are annual sufficient time should be granted.

The employer should conduct training and support programme to facilitate the employee(s)………………………..

Get in touch with seasoned trade union leaders (become member) a competent and experienced labor consultant/service lawyer, and submit proper reply to the email preferably to good offices of appointing authority, MD………………….and attempt to defend the job.

 

At the same time firm up another job/venture as ap.

1 Like

(Guest)

@ Fighting Back,

 

1. Your warning letter is just an appraisal letter from your company suggesting you to improve or else you would be fired,It can be treated as intimation letter on your work performance.

 

2. As per Kumar Doab there are various reasons for poor performances but company will not follow your marital problems,better try to re genrate your skills and become as an active performer.

 

3. It total depends on your company's term's and policy as how many times they give the this intimation prior to termination.

 

4. Genraly one month is given in Advance for passing the Pink slip by the company.

 

5. From now onward's you look for alternate option's but don't get anxious about your future concern's and these maintenance case. If failed also you can plead for taking time from court to pay her if you loose job.

 

6. Wait for the final decision by the company prior to that don't accept any resigantion or any forceful conduct's which is against Labour Law.

1 Like

smita (not working)     18 September 2013

@ fighting back.:So many cases going on and if u don't like to continue ur married life with ur wife..Just speak and finish it off with MCD with reasonable settlement that you can afford.So u will be free from the hell and you can concentrate on ur work and ua work performance will definitely improve as u will have no burden and stress like you r under going now....You may really do well afterwards who knows..Personal life will effect proffessional life..So do think..no use fighting with a dead relationship.

Vivek (manager)     18 September 2013

@author, 

What kind of job you are doing? Most of the IT companies dont give you formal notice for either termination or improvement. They usually give an oral communication before doing it. Even after termination also, many companies will never reveal that you were fired they usually give as if you have resigned on your own. 

Leave IT companies, any companies for that matter should not do it ethically. If done you can request to give in nice matter.

For Eg: When several ministers resign due to various scams. Do they put resignation by saying PM asked my resignation and he terminated me? No.. Its formal way how it works that if something is going wrong, they will communicate in oral and while leaving you happily leave. 

 

 

Here you have to think tank in 2 ways. One is your court case other is your career even after loosing current job. 

Careerwise, it is not good to take formal improvement and/or termination letter. coz, it reflect you were not performing well. hence subsequent employer takes a step back bfr giving job. ( They do not care why you performed low or termination).  

 

As of I have seen from this and various other portals, there are few cases where alimony is granted when husband is not working. Also there are few citations available for the same. In these few citations,  in one case, the husband lied that he is not having business in his name while it was running in his own name. Other case was also similar where husband hidden his income which revealed later and hence alimony is granted. Do not be much panic about it. 

fighting back (exec)     18 September 2013

@smita......hi, thank you for your reply, actually i am very eager to finish off my marriage as it is dead already, with baseless allegations being thrown on my face. i dont want to continue with this woman as the trust is lost, after dragging me in false dv cases and 125 she wants to live with me, but i am not eager to live with a person of lying nature....i offered a  onetime settlement but she does not want it.............i have already jumped 2 jobs after marriage due to these issues.......

 

 

@vivek,,,,,,,hi vivek..........i work in a bpo........where targets are very strict, and i am not meeting those targets......i need to take frequent leaves for attending court which is 1000 kms away......i am loosing almost 30 pc on my salary on travelling alone......going through helll.......

Vivek (manager)     18 September 2013

Do not take termination letter mentioning you have been terminated for any reaons. 

Next coming to court case, have resignation placed and accepted dates + relieving dates. It should be short duration. Like you placed resignation today and your job is relieved tomorrow. Like that. 

 

When cross Q is asked, tell this scenario. The End. Thats all. 

For your shocking: Many of the companies cant reveal anywhere even in court for what reasons they terminated you. Else their co. will be in fix.

Kumar Doab (FIN)     19 September 2013

 

The members and experts are advising you well on your other cases which have been causing stress. These matters are well advised by who are well versed with finer nuances of such matters. Close these issues as ap.

 

 

 

Try to get some thing favorable on record from court of law that would help you in future if required. The lawyer’s/experts/ members well versed in such matters can help and advise you better. One suggestion is that; you may avoid emotional outbursts. It affects the judgment. Although you have some compelling circumstances, still you should mellow down and play this game of chess:  like this game of chess is played; With Patience.

 

 

You should defend your job and source of livelihood like one would defend one’s own life, family jewels……………..Do not loose the employment.

 

 

Does your company follow PIP policy? If yes you may download the same.

It may issue verbal challenge and thereafter it may include you in PIP. Training programme (even if name sake) is conducted for employees in PIP. The agenda is to build justifiable ground for termination.

 

Although majority of the times the grounds are fragile. However employee should learn the basics and skills to thwart the attempts of the employer to terminate.

 

The employee should be able to check and checkmate such attempts. Employee should retain access to a competent and experienced labor consultant/service lawyer and proceed under expert advice.

 

 

 

The employee should apply rapport, goodwill, exceptional levels of persuasion, persistence, negotiation, reasoning skills and should be good at drafting skills for written communications. OR he should seek professional help.

 

Skills can be acquired.

 

You may carefully go thru all paras and all statements in appointment letter, verbatim.

 

It might have been stated in case of performance issues the employment terms can be modified: implying due to performance employment shall (or can’t be) terminated.

 

Since your establishment is BPO, you may not be having sales targets but KRA’s.

 

Whatever your line managers/HR may state you should be in a position to justify the KRA’s during the days you are on job and not on leave.

 

You have to find your ways and means.

 

If you are still eligible try to be with a sector where you would have better job protection and stability e.g. public sector banks, LIC etc………………..

 

The trade unions have been trying to organize IT/ITeS/BPO employees.

 

 

Designation alone does not decide employee is covered as a ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Establishments Act.

 

Shops and Establishments Act of some states is so employee friendly.

 

 

 

BPO’s are registered under Shops and Establishments Act

 

Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr

https://www.indiankanoon.org/doc/147071732/

 

 

The redg. office of this company is in which state and you are in which state?

 

The company should have displayed the registration certificate on notice board near entrance.

 

If the Payment of Wages Act applies to the establishment the standing orders would apply. You may find out if this company has its certified standing orders or go thru Model Standing Orders.

 

The service conditions stated in standing orders can not be negated to employee in appointment letter. The standing orders shall prevail upon appointment letter.

  

There are many threads on IT/ITeS/BPO and you may find some other threads as relevant and useful, e.g;

 

https://www.lawyersclubindia.com/forum/How-and-where-to-lodge-a-complaint-against-a-employer-64348.asp#.UjrZJdKAqWN

 

https://www.lawyersclubindia.com/forum/Bpo-norms-88678.asp#.UjraI9KAqWM

 

 

 


Attached File : 359446932 challenges for organising bpo workers in india.doc downloaded: 23 times

fighting back (exec)     20 September 2013

@ kumar doab......thank you for your advice sir......you are right...my company has put me in PIP, i have been given 30 days to improve or else would face termination.....you are correct....the PIP procedure is being followed in my case..


(Guest)
Originally posted by : fighting back


hi guys.

wanted to know, my employer gave me a warning letter yesterday, to improve my perfomance at work with immediate effect, failing which they will be compelled to through me out of the job.

 

In simple words, if they throw you out of job, then find another job.  But this time, try concentrating on the job more than the cases, what for your lawyer is??


the fact is due to my present cases, i am not able to concentrate on my work,

That shows you have a weak mind.  I had told you long back that work is more important than the case.  Cases will go on and on.  But without money neither the case wont go on, nor will your livelihood go on for long.  Even now it is not too late.  I remember you had told me about this a few months back.   Then too I had suggested you, concentrate more on your work.


There are people who are facing 6-7 cases at a time, mainly criminal cases due to divorce case, just  imagine how they would be doing and leading theri life, like this each one of those who are facing cases would either be jobless or be behind bars for not paying maintenance.  At least for the sake of your old age parents you have to build courage, you you lose heart and feel afraid and panic all the time, it will have negative effect on whole family.


due to the on going cases like, DV, 125 sec 9 filed by her. hma 24 etc. 
Loosers whine like this, putting blame on someone else and something else for not performing their duty.

At least you have to be sincere to your job, which earns you bread and butter.  If you dont do job sincerely then nobody will hire you.  They will finally tell, you finish all your cases and then come back and join to work.



i fear that in a couple of weeks i will be forced to put down my resignation letter. in this scenario. what will happen?

Listening to people who propogate law for all reasons and problems of daily life will only make you run behind court halls for the next 15 years.

because i am already paying in HMA 24 case,. 125 and DV are going on. i fear that i wont be able to pay maintaience if i loose my job.

 

Go sit in jail for one month.  Dont pay until it is 1 year.  then the will issue warrant, go sit inside for 1 month, and 1 year's balance maaf.


as getting a new job with the same salary is very difficult. hence please advice.

 

how can i use this warning letter to help me in my 125 and dv cases.
You can show this to the judge.  Tell, boss sirr my laardship look what you have done to me.  You ordrered this money for me to pay.

My dear wife has filed DV case also, divorce case I have filed, am not able to workkkk saaaaaar, I am loosing my jaaab sirrr.

The best adivice you will get from the judge himself.


which would be........


Take headache back, all cases will be gone.  Earn money, wont lose job, buy tiger balm or amrutanjan for headache.  Wish you happy marrieed life once again.



thanks

2 Like

(Guest)

This judgment might be of use to you.


Attached File : 359636970 delhihc dhingara nomaintenanceforunemployedhusband.pdf downloaded: 46 times
2 Like

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