Manish Pawar 30 June 2018

Harassment and cheating case by siemens ltd,pune

Hi All,

I joined Siemens Ltd,Pune office in Jan 2012 with as profile of Sales and Marketing . I was given back dated confirmation letter after 1.5 years.Immediately after getting confirmation letter I was forcibly transferred to Services division in which I was medically unfit to lift heavy products like ACB (Air Circuit Breakers). I proactively informed my superiors that I had underwent lumber spine surgery in the past due to which the doctors suggested me not to lift heavy weights. The superiors informed that transfer is on temperary basis and they will take back soon on the earlier profile. The superiors gave me transfer letter in which it was mentioned that the transfer was done due to business request.

As time passed on, I regularly used to make requests of my transfer back to Sales and Marketing profile in the intranet systems which the VP of Human Resources had suggested all the employees to make request of our needs and use the tool regularly. But unfortunately none of my superiors reverted back.

Finally I resigned in May 2016 since I started facing medical problems pertaining to the limber spine.After resignation, I came to know from my superiors in Services division that I was transfered to Services division because I was declared surplus in Sales and Marketing. It was a matter of surprise to me that earlier when transferred to Services division, in the transfer letter it was mentioned that I am transfrred due to business requirement.

Therefore I requested the HR to give me monetory compensation because it is a cheating case that if an employee is declared as surplus the company should give monetary compensation as per the policy of a company and also as per the Indian employement/Labour Act rather than transferring the employee in the divisions into which he is medically unfit and that too not conducting medical fitness check which should be the case as per the Indian employee/Labour act..But still nobody reverted back.

After some time I also sent legal notice to the company requesting for compensation but they rejected the same.

Can someone please help me out what should I do to get compensation from the company against when an employee is declared surplus. It is very true that I resigned on my own but I was abetted to do so. Its also true that when I resigned I was jobless for 1.5 years.

Regards

Manish

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2 Replies

Pradipta Nath (Advocate) 30 June 2018

Yes please let me help you!

First of all transfer from one department to another as per the business need is fully valid. But you had been on transfer due to be declared as Surplus. Do you have any document for that? I believe you will not, Right?

Secondly, you have been effected with pains at your lumber spine. Do you want to tell that is a chronic disease due to lifting ACB? Please find out that is this case for you or others also who are similarly effected. Waht are the precuationary measures be availed to you by the Siemens, which they did not provided?

Thirdly the strong point here is that you have already requested for your shifting for the health problems. Please secure those documents.

As the catch hold the Siemens is your pain at your Lumber Spin a chronic disease! The transfer, cheating will be wash out like any two fingre snap, becuase it will be so hard to prove and nevertheless they did not terminated you!

Need to furthe analyse your case. So please if possible get some Advocate for a face to face discussion.

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Manish Pawar 30 June 2018

Dear Sir,

1) Transfer from one department to another is fully valid; and also for the same during transfer they gave me transfer letter with mentioned that I have been transferred due to business requirement and was not told that I was transferred since I was surplus.But when I resigned they told me that I was transferred because I was surplus. Now since my superiors used to decieve me all the times, I was suspicious about their integrity I started recording all the my conversations with them on my mobile voice recorder during me meeting with them. Same thing is recorded as an evidence that I was declared surplus and so was transferred which is contracdictory to what they mentioned in transfer letter which is means that they cheated me.

2) Coming to medical problems I faced; note that before transferring me to Services division, I had told mey superiors that I am not fit for services profile since I had underwent lumber spinal surgery in the past.Same I had coveyed to them verbally.

3) As precautionary measures Siemens should do the medical fitness test of the employee when transferred to Services department because the profile is to go on the field and do servicing/cleaning activity of ACB; for the same we have to lift those heavy ACBs. Therefore medical fitness check is a must as per the gudeline of company.

4)I had requested back my tranfer to Sales and Marketing division. Same is documented. But unfortunately I did not mentioned that I was facing medical problems.What I mentioned that I was given verbal commitment by my superiors that they will take back immediately which is the fact.