Upgrad LLM

harassment by employer and legal notice issuance

Social worker

Dear Sir,

I've been working for Cordova Pubications Pvt Ltd,

who during the tenure did not issue proper appointment letter,

no proper job descripttion was provided,

no epf or medical benefits were given (even when I met with an accident during the working hours),

was harassed regularly till I brought the issue the management's notice across all levels. 

Instead of acting upon the manager who was harassing me, they inturn chose to keep mum due to which I could not go to office (which is unregistered).

After 10 months of silence, now the company wants me to return their laptop even though I never once expressed that I wanted to resign.

They have sent a legal notice from a supreme court lawyer asking for it.

Can they file a case in Delhi even though my place of employment was in Bangalore.

As I'm without an income for the last 10 months, I'm hardly able to fend for myself.

Kindly guide me. 

 
Reply   
 
Lawyer at Supreme Court of India

Dear, They are just trying to harras you and want to take undue advantage of your position. Where is the registered office, of your company? You send a legal notice to them claiming your salary back. Advocate kapil chandna 9899011450

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FIN

 

>>> It does not matter the lawyer practices in Supreme Court of Local Courts……………………………legal notice is legal notice and you should arrange to submit a befitting reply thru your lawyer.

 

>>> What is this establishment; Commercial, Industrial, Small Enterprise? The registration certificate should have been displayed near entrance.

 

The div/office where you were located is redg. as factory or commercial establishment?

 

What is its line of business: e.g.: IT, Banking, etc?

 

 

How many people are employed in it?

 

The Redg. office of the company and reporting office of the employee is located in which state?

Employee was located in which state?

What was employee’s designation and nature of duties and how many persons were reporting to employee?

 

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

 

Was any offer letter issued ( if not appointment letter) if yes, Who has signed the offer  letter?

 

 

Is it stated in offer letter that service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model) and do you have copy of these?

 

Was the employee under probation period or a confirmed employee? 

 

Did you submit your complaints in writing under proper acknowledgment/

 

Is there any ‘Employee’s Committee/Grievance Rederessal Committee’ in your company and did you approach them?

 

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

 

 

Reply point wise to each point.

 

>>> The jurisdiction of courts can be: location of Redg. Office of the company/jurisdiction of courts as stated in appointment letter issued by employer and signed and accepted by employee/location of an office of the company/last location of employee……………………………   

If no appointment letter has been issued and accepted by you then apparently you have not accepted the jurisdiction at Delhi.

Your Labor Law Consultant/Service Lawyer can opine on it and there are various judgments on the jurisdiction.

 

>>>  Compensation for sickness/injury while on duty: can be sought under:

ESIC (applicable to all employees drawing wages upto Rs.15000/pm as per def. of wages in the Act……………………………there is provision for salary during period of unemployment/sickness in the Act……………)

Employee Compensation Act:  

Group Mediclaim/insurance policy:

 

Did you supply the information on accident in writing under proper acknowledgment to employer and did the employer/HR/Line Manager help you to file the claim, by supplying requisite forms?

You can file claim within 2Y. You may go thru:

http://www.lawyersclubindia.com/experts/Workmen-s-compensation-499536.asp#.VDT6VGeSwb8

 

The Labor Inspector, Trade Unions, Labor Law Consultant can help you with filling requisite forms. 

 

>>> Appointment letter: If you were at Bangalore then as per Karnataka Shops and Commercial Establishments Act; Sec 6A: appointment letter should have been issued……………………………..if it is not issued it is violation by employer………….

If employer claims it being Delhi Base company, having offices in many states and all employees as per policies of the company shall be treated as if they are at Delhi then as per Delhi Shops and Commercial Establishments Act; Sec 34:  appointment letter should have been issued……………………………..if it is not issued it is violation by employer………….Accident is covered in Sec:29;;;

The Inspector appointed under Shops and Commercial Establishments Act can be approached.

Salary slips has to be issued and supplied at least a day before disbursement of wages as per:

Payment of Wages Act: Sec13A

Min. Wages central Rules: 26(3,4)

    

>>> The list of Labor Officials in Bangalore, Trade Unions can be accessed at website of Dept. of Labor Karnataka:

http://labour.kar.nic.in/labour/default.asp



http://labour.kar.nic.in/labour/trade-unions-list.htm

 

>>> If you have not resigned and you have not been terminated then you should inquire your status within the company: employee or terminated?

You may also demand the certified copy of your service card as per Delhi Govt. rules displayed at:

1[FORM V]

[See Standing Order 1, Schedule I-B]

Service Card

 

http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+%28Standing+Orders%29+Central+Rules,+1946

 

>>> If you are not able to handle the matter on your own, entrust it to your lawyer.

It shall be appropriate to consult an able labor law consultant/service matters lawyer-Law firm with copies of all docs/evidence/recordings on record as mentioned above and any other relevant evidence that you might have and proceed under expert advise of your lawyer. 

 

Your lawyer may opine that you can:

 

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


--Lodge complaint with Inspector under (Name of your state) Shops and Commercial Establishments Act

 


One of the job of the Inspector is to ensure that wages/FnF wages of employee are paid in time.

---EPFO if PF was not provided and if you were eligible.

 

----Jurisdictional ESIC office if ESIC was not provided and if you were eligible.

---Form:16: ITO-TDS where you filed ITR, CIT-TDS where company files ITR. 

--Lodge complaint with O/O Labor Commissioner…………………………………and or you can file straight in Labor Court.

 

--Approach civil courts

---lodge criminal  complaint under u/s 406,420......................

 

 

---file for winding up petition.

--approach employee's unions, trade unions leaders ( e.g. INTUC, CITU,BMS,etc............)and................they may succeed to put pressure and can also represent you in labor Court.

 

  


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Social worker

@ Kapil Chanda, Thank you for your kind reply. Regional office is located in Chennai whereas the Head office is located in Noida. But the problem is I don't have enough money to even approach an advocate ... :(
 
Reply   
 
Social worker

@ Kumar Doab, Thank you kindly for your elaborate guidance.

1.    Cordova Publications Pvt. Ltd is a book publisher (for CBSE/ICSE schools)

2.    I assume it to be a commercial enterprise

3.    Approximately 700 people are employed in this organization.

4.    The registered office is in Noida and the reporting office is in Bangalore.

5.    I was located in Bangalore.

6.    I was appointed as a Territory Sales Manager (TSM), though I was informed that it will be corrected as a Product Manager (which was never done).

7.    Now they claim my designation to be TSM (Product Trainer), which was never the case.

8.    The nature of my duties as a TSM was never defined and I was given a sales target just like any other person in the sales team.

9.    The power of sanctioning leave and conduct appraisal was within the capacity of my manager, as per my knowledge, he did not have the power to recruit/appoint/terminate an employment.

10.                       My appointment letter was signed by MD, Noida, UP office.

11.                       The service conditions in my appointment letter does not state “service conditions shall be governed by HR policy/service rules and regulations/conduct and discipline rules/standing orders (certified/model)”

12.                       I was under probation.

13.                       The complaint regarding harassment was duly submitted to the management in the form of emails of which I still hold the documents.

14.                       I was never made aware of any ‘Employee’s Committee/Grievance Redressel Committee’ within the organization.

15.                       I’m not a member of any “employee’s/trade unions”.

16.                       In the appointment letter, the office address mentioned is in Noida, UP. Nowhere has the office address of the Bangalore office has been mentioned.

17.                       I was not ok with the office address of Bangalore, Karnataka not showing up, so I chose not to sign the document including compensation, however, as I was told the corrections would be made, I have signed only on the letter which speaks about the validity of the probationary period post which no further changed have been made.

18.                       The relevant documents regarding my injury have been submitted to the company and I also offered to provide more details, however, I was never asked for any.

19.                       The present status of my employment with the organization remains unclear as I have informed Associate Director about staying on leave unless the harassment matter is cleared for which there was no appropriate reply from him.

20.                       Company has not issue any termination letter, so I understand that I’m still in employment.

21.                       No salary slip has been issued by the company while I was drawing salary.

   

 
Reply   
 
FIN

 

You have posted some contradicting and confusing statements in your first and last post………………..

 

NO appointment letter was issued ………………. then appointment letter was issued……………………..you did not sign on all papers………………….some compensation was mentioned…………….reporting office was Bangalore…………………………..offcie was unregistered………………..etc…………………….

Designation can’t be changed without written communication/notice and all changes in service conditions have to be accepted by employee.

Even if office was not registered…………………….you can represent to the office and agitate at your location.

Standing orders should apply and if not certified ……………….model standing orders should apply.

You should ask what status of your employment in the company is?

The link to Labor Officials and Trade Union leaders has been supplied to you and you may submit your demands to the company…………………………….you can also submit payables by you to company (e.g. laptop) and payables by the company to you…………………and ask them to exchange everything in Bangalore office……………………….the union leaders can accompany to you………………………….and even labor Officials can be present ……………………..OR Labor Officials can call the  company’s local officials in the Labor office.

 

It shall be appropriate to consult a local lawyer with all docs on record.

You seem to be properly informed person and if you feel confidant you can reply to legal notice and be party in person at your location.



Attached File : 545566068 karnataka%20shops%20and%20commercial%20establishment%20act.pdf, 545566068 model standing orders industrial employment standing orders rules.pdf downloaded 77 times

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advocate

before posting any query first give point wise and also check wheather all the details are mentioned because here without seening any document we will be give answer and without proper query no accurate answer will be right even for you 

once you said no appointment letter and another reply you say that appointment letter without address and you have signed copy which states your employment status 


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Social worker

Dear Sir, On approaching an advocate, I was informed that if I have written an email to my employer raising concerns about the designation (which was handled inappropriately), harassment, discrimination at work place and the salary package, the employer can choose to ignore answering that subject and just demand for the office equipments to be returned in an email and still get away with it in the court. Kindly throw some light on the same. Thank you in advance.
 
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advocate

the email sent by you to the company will be an evidence if you or the company asks for explanation from your end 

the email will work for you in many ways as you can show the email in future that from your end you have corresponded with higher authorities with procedure and you have defaulted without giving any response to your explanation / email


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Social worker

Dear Sir,

For the company's legal notice, a due reply was sent by my advocate.

Post this, there has been no action or communication from the employer.

My advocate discouraged me to file a case as there would be lot of running around that I have to do.

Kindly guide me how to proceed further. 

Thank you ...

 
 
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