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Tarun (Umemployed)     26 November 2012

Harrased by pvt ltd it company

I was hired by an IT pvt ltd company.I signed a bond stated that I will be bound to serve three month notice period before leaving the service.I worked there for a month.On the second month I got unwell and doctor advised me to take for atleast a week.I intimated to my Team leader as told by the company hr.When I joined again a week after they told me that they have terminated me giving the reason that I did not inform hr and because of this company got a loss of 5 lakh rupees.I was not provided the copy of bond the I signed at the time of joining.I was not awared of this condition.They mentally harassed me even I was not fully well on the day of rejoining. I provided them my medical too.The company told me your month salary  will be given in two or three installments.When I told them to pay my full salary they threatened me to pay five lakh rupees.I want to know what should I do.



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 7 Replies

Gopikrishna Kalyanam (Lawyer)     26 November 2012

Dear Tarun,

Greetings, If you are being threatened by the said Company, it would be a good idea for you to engage the services of a lawyer, file a police complaint and approach the Courts, both Civil and Labour for suitable remedy.

Best Wishes

1 Like

Tarun (Umemployed)     26 November 2012

Respected Sir,

Thanks for your valuable reply.Sir i would like to know one more thing thay told me that they have proof against me that becuase of mine the company suffered a loss of five lakh rupees.I don't know what kind of proof they have against me.The company even did't provide me a copy of bond.Can i ask for the termination letter and force them to pay my one month salary?

 

Regards,

Tarun Sharma.

Kumar Doab (FIN)     26 November 2012

Employees should always transact with employer in writing under acknowledgment {leave sanctioning authority with a copy to Head-HR}and in case of seeking sick leave employee should submit leave application{ on paper if leave application format is not available at home}with medical certificate/Rx of the doctor advising rest, and write in the application that leave application format be supplied by redg. post only or the leave application shall be submitted on joining.

 

You have posted that:

---“ I intimated to my Team leader as told by the company hr.”

Which HR personnel {name , designation, address}  you informed of your sickness? How did you inform the Team Leader?

Did you inform on phone? You should keep the bill having date, time, phone numbers etc, with you.

Now you may submit a carefully structured representation to good offices of your appointing authority, MD, CEO, Company Secretary that on dated……….you fell sick and doctor………..advised you bed rest for 7days and you promptly informed Mr/Ms…….designation dept…….address……….of your sickness, requirement for the leave for period  of ……..days as advised by doctor, and leave application format, who stated that leave request stands noted and you were directed to speak to Mr/Ms………. Designation…… dept…….address……….and you promptly informed him/her who stated requirement for the leave for period  of ……..days as advised by doctor, and leave application format, who stated that leave request stands noted and leave application shall be provided in office on joining duties after fitness by doctor and leave application mat be submitted in office.

On dated……….. you joined duties and submitted leave application and Rx of the doctor to Mr/Ms…. Designation…… dept…….address……….

-----“ When I joined again a week after they told me that they have terminated me giving the reason that I did not inform hr and because of this company got a loss of 5 lakh rupees.”

Did the company issue any letter/email to you declaring that you have absconded and ask you to submit your explanation? Did the company issue any termination letter to you?

 

You may mention in your representation that you were informed verbally by Mr/Ms…. Designation…… dept…….address……….that your services have been terminated and he /she declined to provide you any copy of any communication declaring you absconding and having been terminated, and refused to let you approach good offices in person to seek relief, and you were asked verbally to leave office and not to come to office . During these days Mr/Ms…… Designation…… dept…….address……….have been asking you not to come to office whenever you have contacted them.

Hence you are left with no other option to write to good offices to seek relief and let you continue you in your employment.

If you do not submit any representation in writing company may comfortably claim that you did not report and absconded. Company shall insert documents suitable to it in your personnel file and close the matter.

You may consult elders in the family, competent and experienced well wishers, lawyer/law firm and submit carefully drafted representation under acknowledgment.

 

 

---“ I was not provided the copy of bond the I signed at the time of joining.I was not awared of this condition. They mentally harassed me even I was not fully well on the day of rejoining.”

 

It is felt that 3 months notice of resignation might have been described in your appointment letter and no separate bond might have been signed by you. If you were in period of training/probation 3 months notice period is unreasonable.

As per SE Act no notice period may be applicable, in 3 months.

 

SE Act Delhi:30 Notice of Dissmissal.

 

You may mention that Mr/Ms…… Designation…… dept…….address……….stated that I have signed a bond however you do not remember as company took your signatures on load of documents on joining and you were granted no time and no opportunity to go thru these and seek consultation and company declined to provide certified copy of document being claimed as bond even on dated…..when you reported for joining, after sickness.

 

You may request good offices to allow you to examine your personnel file being maintained in HO.

The charge of abscondment {a misconduct although verbal} might be being levied to deny notice pay applicable to you in case of termination.

This might be the reason company is not supplying you anything in writing.

The company has realized that you are ill informed of your rights and is tactfully handling you to accept its version and do not approach any lawful authority.

 

--“The company told me your month salary  will be given in two or three installments.When I told them to pay my full salary they threatened me to pay five lakh rupees”

Employee should always record such transactions {audio/visual.Mobile comes handy} and keep evidence.

It shall not be easy to prove that you caused loss due to your sickness.

Your earned wages is your right.

State of Karnataka has ended blanket exemption granted to IT companies from the provisions of standing orders. If you are in Karnataka you may look into model standing orders.

As per provisions of Industrial Employment Standing Orders Act company should provide FNF payment and Service Certificate on last day in office or within 2 days.

 

In a given situation employee can invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

The bone of contention seems to be FNF settlement and full salary immediately. If this is the only leftover part of the incidence you may apply your skills with HR and obtain FNF settlement and documents and close the matter here. Litigation can be stressful for some employees. Litigation takes time.


Attached File : 375957477 delhi shops & establishments act, 1954.pdf, 375957477 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 143 times

Gopikrishna Kalyanam (Lawyer)     27 November 2012

Greetings Tarun,

You certainly can.

Best Wishes

Tarun (Umemployed)     18 December 2012

Respected Sir,

When I demand my salary from the company, they refused to give my salary saying that i had email for demanding full salary so they are not going to pay me They always threatened me to deposite five lakh rupess which they claimed that becuase of mine company suffered a loss of five lakh rupees.they also say that they have proof that becuase of mine the company suffered a loss of above said money.What should be the my next step.I don't know exactly what is written in the document to which i signed at time of joining.The attitude of company appears blackmailing to me.

 

Regards,

Tarun Sharma.

Adv k . mahesh (advocate)     19 December 2012

hi tarun 

in a given situation like this no person would work 

first of all what about your team leader saying , he just seeing an enjoing the picture 

as mr kumar said give a representation and after all you have being terminated let them issue your termination letter and on what grounds you were being termiinated from job

if your health condition is not well then that days pay will be on LOP and also meet any lawyer for advice and do as per his advice if u want to continue

Gopikrishna Kalyanam (Lawyer)     23 December 2012

Dear Sri.Tarun,

Please ensure that you state all the threats faced by you in your Criminal complaint, including the one which the Company  is blackmailing you with. Do not hide any relevant facts. You should engage the services of an advocate to draft the Police Complaint.

Best Wishes for a Happy, successful and prosperous New Year 2013


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