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Vijay (cyber celll)     21 May 2014

Hr abuse in mnc it company


 I am software engineer joined big mnc in oct ,to cut details short below is my questions


1) Hr has phoned me,abused and harrased me ,now he wants me to meet that also in company premise

2) I am tharetaed to leave company



now even if company is big ,they do have top laywers does that mean they should run their kingdom?


cant anybody do something?







I joined company ,dont have pc ,many times requested for pc ,dont have work place to seat



HR is forcing me to stay 9 hours in company,he called yday and said same,he even accused me of being responsible for not having pc

he even threated   to cut my salary,I mailed from personal id and asked to explain  behaviour ,but he did not replied and forcing my manager to meet me in office premises, I said I am ok but will bring a person as witness with me due to their false allegations but he is obvisoly not accepting it


 10 Replies

Kumar Doab (FIN)     21 May 2014

Did you record this call?

Do you have the detail in incoming call details of your phone?

Download and save it.


If yes, then you have a proof.

If NO, this HR person, shall not reply and if presses, shall deny it.

Thru police complaint, criminal complaint, court order the telecom company shall provide the call recording.

You have the option of escalating to good offices of appointing authority, MD, Chairman.

The chances are that the inquiry conducted shall be a ‘Sham’.

However you may get a denial in writing.

You can also approach elders in the family, community leaders, your lawyer/law firm (preferably lawyer specializing in criminal cases), employee’s unions, trade unions, o/o Labor Commissioner, Inspector under (Name of your state) Shops and Commercial Establishments Act, Police, court of law…………..

 The trade unions have been organizing IT/ITeS employees and willing to embrace the employees from your trade.IN a industry where employees are united this kind of conduct from HR, Line Managers is unimaginable.

IT/ITeS employees unions:



IT/BPO Voice of India | Facebook

UNITES Professionals







Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)






https://www.amrc.org.hk/node/1088         CBPOP






Shiv Sena forms first union in information technology sector


Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the IT employees.


United employees can rake up any issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.

 The unions can help to form 'Works Committee' in company. It is an authority under ID Act.The Chairman is from employees/employer on rotation and committee has equal number of members from employees.

The Industrial Disputes Act, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT

3. Works Committee

The unions can negotiate service conditions and standing orders shall be certified only after parleys with employees representatives/unions.


For the present issues, exploitation that employees in IT/ITeS/BPO/KPO sector's face Pan India the employees unions affilliated with Trade Unions is immediate need of hour and is also  a perfect solution.


Are you aware that employers in your trade have formed their unions?

Then why don't employees unite?


Your lawyer may ask you a set of structured questions and may opine that you are covered as 'Workman' as in ID Act, as 'Employee' as in  Shops and Commercial Establishments Act, Small Enterprise Act






Let elders, community leaders, your lawyer/law firm, employee’s unions, trade union leaders now draft your further communications and demand reply and a written communication to call you in company’s office and let a union leaders be your companion.

Let them accompany you to police station and call this HR person and Manager to police station and record their statement. You may obtain the copies thru RTI. IT won’t cost you more than Rs.15/-.

It is a possibility that this HR person or his bosses may call you and admit the incidence. Hence install call recording features in phone and keep memory card safely.

Your efforts can reduce one culprit from industry.

He is not fit to be left to loose around in a civilized society.



Drill proper sense into the heads.

Your lawyer can issue legal notice and move court for call recording.

Your union leaders can issue notice to MD. This shall be viewed seriously by the company. 


Vijay (cyber celll)     21 May 2014

Thanks Mr Kumar



He did not know I have recording or not


but he did not replied to email,can that be hold against him?

Kumar Doab (FIN)     21 May 2014

If you have recorded the call, it shall be irrefutable evidence. Keep the memory card safely.

If he has in fact abused, threatened etc but has declined in writing then he is liable.

Show everything to your lawyer.

The lawyer that has examined everything in person can advice you the best.

Vijay (cyber celll)     21 May 2014

plz understand my statement

he dont know I have recorded or not


also he did not replied to emails

Kumar Doab (FIN)     22 May 2014

Please understand that;

If he has in fact abused, threatened, during the call (hope you have details in incoming call list of your phone) but states to you or his bosses or legal notice issued by your lawyer, notice issued by unions or police or court of law in the company that he did not, then he would be lying on record.

The call recording in your memory card or as issued by Telecom Company shall prove he did abuse, threaten.

If he does not reply to you then he need to reply during the inquiry conducted by company, police or in the court.

The lawyer that has examined everything in person can advice you the best.



Vijay (cyber celll)     23 May 2014

Hi Just and update HR did not replied to explanation email till now and forcing my manager to call me to come in office,

Kumar Doab (FIN)     23 May 2014

Approach your counsel in person e.g; Lawyer/Law firm, Employee's unions/Trade Unions leaders..........................You should not conceal anything from your counsel i.e. HR personnel abused or not/you have the call recording or not...............................And if you have the call recording/witness while the call was in progress....................

Your counsel may advise that NO Permission is required from HR/Line Manager to take your counsel along with you.


However you need to build written record before ans after the visit.

You need to seek support from local counsel at your location.


Beyond this there is nothing more to add.


T. Kalaiselvan, Advocate (Advocate)     24 May 2014

Mr. Kumar Doab has given a proper advise about what action to be taken in the present circumstance of your problems.  You may consult a service law practicing lawyer in your local jurisdiction and proceed as per the advice rendered.

Sudhir Kumar, Advocate (Advocate)     25 May 2014




Vijay (cyber celll)     25 May 2014

Both queries are diffrent

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