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Kavita (software developer)     12 November 2016

Mental harassment and not letting leave the organisation

Hi Everyone,

I am here to share my experience and seek solution to my problem that have been facing in my current organisation. 

I joined this organisation on 9th May, 2016, its a startup co. which falsely claimed into the market for 10 years and when i joined got to know that it is not even a year old company. They even lied about the number of projects they hold and boasted about the technologies they dont even work on. Just to make me in, they lied to me. And did even give me proper Offer or Appointment letter.

My manager is also harassing me; he is asking me out if i dont go with him; he creates problems and harasses mentally. 

This is some sort of monopoly company; they have system of deducting 10000 (10%) of our salary every month and payback quarterly. But these guys dont even pay us these amount quarterly. There are people who have not got these amounts for years. My mom was not well last month i needed money so i requested them to pay my variable amount which was due last month only. They did not pay anyone this variable amount as i was in need after asking for it many many time they have released 30000 variable of mine. But this when i got salary they deducted 30000 amount from my salary and when asked them about it. They gave me some fake reasons for deducting that salary.

They said you were not even working for half day in the last month so we had to deduct your salary. I worked more than 9 hours everyday even though my mom was ill as i needed money for medical treatments, couple of times i asked to give me leave for a day or so . But the manager denied for leave and said you have to be here; cant take the leave. 

Now i asked them for money why they deducted when i am in need and even if deducted should have told about this case earlier so that i would have there with my mother at hospital if were to do this to me. They said we cant pay u for half days; as u say u need money we will give you this 30000 as advance and deduct from your salary by spreading for three months.

Now I am planning to leave this company, will this create a problem if i leave after taking advance amount with them; i want to abscound ; I dont want to serve notice period also.

Even if i leave with the advance amount they will be having my (20000 variable + 7 working days ( 25000) salary with them).

Can I take this step or not please please help me.

Thanks in advance,

For pateintly hearing me out on this portal and investing your valuable time to solve my problem.

 

 

 

 

 

  



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 10 Replies

adv.bharat @ PUNE (Lawyer)     12 November 2016

kavita ji i have all ready given reply to your PM.

 

1 Like

(Guest)
For doing something like this you need advice? For that u need guts. That's all. If they file case on you. You also file case on them stating wring credentials given to attract ppl like u.

Kumar Doab (FIN)     13 November 2016

You have posted that:

"And did even give me proper Offer or Appointment letter."

Has any appointment letter/offer letter been issued at all or not?

 

If Not; How come variable pay is applied to you?

 

Have you signed any document at all; say agreement?

 

Has any salary slip been provided to you; showing attendance, work days, earned wages, promised amounts, payouts and deductions?

 

 

 

 

Kavita (software developer)     13 November 2016

First of all thank you every one. @kumar doab: sir they made me sign joining form and no offer or appointment letters are with me. And they do provide salary slips which shows attandance.

Kumar Doab (FIN)     14 November 2016

You are located in which state?


How many person are employed in establishment?


What is your designation and nature of duties?


Is your service confirmed or you are under probation?


Does it have its standing orders ( Model, Certified) and is your designation covered by these?

What is the notice period?

 

Do you have any attendance record of 9 hrs/day and that you have never worked for half day?

 

Is deduction mentioned in salary slip?

Do you have copy of joining letter? Ask for a copy.

 

 

Kumar Doab (FIN)     14 November 2016

Do you have evidence of everything that you have posted in the thread?

 

Are you a member of employee's/trade unions?

 

 

Kavita (software developer)     09 March 2017

Originally posted by : Kumar Doab
Do you have evidence of everything that you have posted in the thread?

 

Are you a member of employee's/trade unions?

 

 

No sir I am not member of any employee's / trade union

Kavita (software developer)     09 March 2017

Originally posted by : Kumar Doab
You are located in which state?    === MAHARASHTRA


How many person are employed in establishment?    ==== Approximately 70 -80


What is your designation and nature of duties?    ===== Sr Software Engineer


Is your service confirmed or you are under probation?  === I am done with my probation period that is 6 months but when asked about letter they said we have confirmed you with the organization but we do not provide any confirmation letters to our emplyee...this is what he said... And I asked many of my collegues about the letter, nobody got it.. yet


Does it have its standing orders ( Model, Certified) and is your designation covered by these?   =====I dint get this 

What is the notice period?  === if under probation its 1 month, under confirmation 2 months

 
Do you have any attendance record of 9 hrs/day and that you have never worked for half day? ==== I dont have any record as they dont provide it either

Is deduction mentioned in salary slip? ===== they have not mentioned it in salary even after mailing them to mention it 

Do you have copy of joining letter? Ask for a copy. === yes

 

 

Kavita (software developer)     09 March 2017

Originally posted by : Kumar Doab
You have posted that:

"And did even give me proper Offer or Appointment letter."

Has any appointment letter/offer letter been issued at all or not?  === they have lately given me offer and appointment 

If Not; How come variable pay is applied to you? === yes they do deduct 10000 from my salary

Have you signed any document at all; say agreement? === no

Has any salary slip been provided to you; showing attendance, work days, earned wages, promised amounts, payouts and deductions? ===== they provide us salary slips but they dont mention leaves and deductions in it
 

 

 

Kumar Doab (FIN)     09 March 2017

Pls go thru other thread at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147692&offset=3


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