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sameerahuja (IT)     16 January 2016

Hr related query

Hi All,

I have been working with US Based IT Company since feb,2015 in Pune office as Permanent Employee.Since July 2015,I am doing work from home and I have permission of same over email.

On 14th Jan 2016,I had skype call my boss(from US) and Global HR(from Pune) in which they informed me that they are discontinuing my job with them due to team restructuring in US office and not having work for my profile in India.They are stopping my work 14th Jan and requested to return laptop(Macbook Pro) and Phone(iphone 5s).They will pay me the salary for next 3 months every month as per notice period from their side.Just after the call they had blocked by email and other access to office resources.No written communication after that.

On phone HR is telling to return laptop & phone otherwise they stop my current month salary or put the case.Not giving in return about not notice period salary and exit formalities.After talking multiple times,she promised to reply me on my email confirming about the notice period pay.

My pending salary including notice period pay will be around 3 lacs and laptop & phone cost 1 yr back was around 2 lacs.I have a doubt if i will return the laptop & phone they will not pay me the notice period salary.I have a proof of internal ticket system on which they have already done with my exit formalities.

Please advice me.



Learning

 7 Replies

sameerahuja (IT)     17 January 2016

Kindly advice me.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 January 2016

Preserve email confirmation about your outstanding salary and take acknowledgement for return of laptop etc. Otherwise you will be in trouble for not returning such assets. If they do not pay your out standing salaries etc. you can give complaint to the ministry of labour for taking action on your employer.

sameerahuja (IT)     17 January 2016

HR is telling to return the laptop and phone right now and they will give the salary later for next 3 months.Not doing any exit formality right now.

Kumar Doab (FIN)     17 January 2016

You have posted that:

 

---"After talking multiple times,she promised to reply me on my email confirming about the notice period pay."

 

Minute it and conclude that even after multiple communications dated...............she has not supplied the written termination order and confirmation that you will remain at home everymonth on usual pay day the salry for each month shall be credited in your pay a/c and salary slip shall be supplied.

 

---"14th Jan 2016,I had skype call my boss(from US) and Global HR(from Pune) in which they informed me that they are discontinuing my job with them due to team restructuring in US office and not having work for my profile in India.They are stopping my work 14th Jan and requested to return laptop(Macbook Pro) and Phone(iphone 5s).They will pay me the salary for next 3 months every month as per notice period from their side.Just after the call they had blocked by email and other access to office resources.No written communication after that."

 

This amounts to termination and it has to be a speaking order (written) by letter (citing reason as already mentioned by them that there is no role/profile left for you. This shall not be stigmatic in your case in future). 

They have not offered you any other role and lay off compensation. Lay off compensation is to be found in your service rules/conditions/appointment letter/standing orders.

 

If you are covered by the def. of 'Workman' as in ID Act, 'Employee' as in Bombay Shops & Estbs Act (let your able counsel specialzing in labor law ascertain it) then it may be possible to claim Retrenchment Compensation.

Preserve the skype call relay.

 

---"I have a proof of internal ticket system on which they have already done with my exit formalities."

 

In that case what is the problem that you are hinting at.

 

"Not doing any exit formality right now.'

 

Both statements are conflicting.

What is expected of you to complete the exit formalities.

 

You may demand to send everything in writing.

Your case seems to be of termination with immediate effect and they cans supply FnF statement shwoing all payables by them and all payables by you.

 

 

 

sameerahuja (IT)     17 January 2016

I thinking to send this mail...

As per the skype call on 14th January,2015 at 4:30pm with Sam and you, it was informed to me that for my profile there is no work in india & due team restructuring in US office, company is giving me three months notice as per work contract/offer letter. Just after the call my email id and access to VPN, project is removed/blocked without any written communication to me.

Kindly confirm me the following points:
1. As per the communication i will be paid three months notice period salary, kindly let me know the total outstanding amount and when  it will be paid.
2. Company will provide me the experience letter and relieving letter including notice period time. Also, inform me about the exit formalities need to be done.
3. When and how to return company assets - laptop and phone.
Please do the needful asap.

sameerahuja (IT)     17 January 2016

Shall i keep the laptop n phone until fnf will be done and outstanding salary will not be paid to me?

Kumar Doab (FIN)     18 January 2016

Saying, telling, asking etc are all verbal mode and difficult to prove.

Let your able counsel structure and draft your communique.

 


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