Vidita 24 August 2018

Mental harassment for resignation & illegal termination

Dear Sir/ Mam,

I joined this organizationa s Supervisor HR & Admin in the month of Dec'17 and as soon as i had started performed in HR & Admin function my reporting Manager has changed my dept in Feb'18 from HR to admin and asked me to replace my duties with 3 grade junior. As i oppose this he asked me to leave the job. I requested further to the managemnet but they also did not accpted and asked me to remain in admin. I had no job in had that time so I continued further. but one day my RM prepared my termination and asked me to leave the organization in April'18 last week. Senior managemnt asked MD to cancel it so it got cancelled same day but again in 21 august he again have forwarded same letter of termination and have asked me to leave the organization by 31st august. I am attaching one of the complaints I have escalated to Director after this Termination. Pls suggest accordingly.

Regards,

Dear Sir,

As per the attached Transfer Mail date 18-May-18, my tenure in IT dept. was not decided when I was transferred by the upper Management (Transfer Letter/Mail Attached for reference) but later on Mr. RS Shekhawat intentionally made it till 31st August so that he can pressurize IT head as well as me to tender the resignation otherwise to terminate me by August’18, which he actually did.

As I have mention in my other complaints also that I agreed to shift in IT dept. because of daily mental and physical harassment of Mr. RS Shekhawat. I decided to move further so that while working in Oracle –IT I can look for the other job assignments.

I want to mention that he tries to give me Termination and Full & Final Settlement earlier on 26-April-2018 so that he can hold up my confirmation in June’18 and due to non-confirmation he can easily attempt for termination.

Please refer his current termination letter Mail & Letter where he has mentioned 2 different dates i.e 28-April-2018 & 26-April-2018 which are wrong dates itself. The date of letter made is also left blank.

He full tried to terminate me on 26-April-2018 and straight away asked me leave the organization by same day on the basis of performance but I replied on my performance and showed him all my performance status. Even in this matter some HOD’s came in- front and oppose the termination and asked MD to cancel it on immediate effect.

As the termination was cancelled and not given to me on 26-April-2018 then how Mr. RS Shekhawat can mention wrong date & wrong information about additional three months’ notice period in currently issued termination mail dated 21-Aug-18. If it would have issued, then notice period shall have completed by July’18.

Please also refer the attached appointment letter clause confirmation/termination where it is clearly mention the following terms of Termination.

(Further, your services can be terminated by either party giving to the other notice of 3 (Three) months in writing or 3 (Three) month basic salary after confirmation. The Company reserves the right to terminate the employment on any ground whatsoever, including the ground of misconduct or unsatisfactory performance or violation of the Company policies. Absence of a continuous period of more than three days, without prior approval of the Management, (including overstay of leave/training), can lead to termination of your services without notice. The Company shall verify the facts stated by you in your resume and if any of the facts stated therein at any point of time are found to be false, your services will be terminated immediately without notice. Your employment with the Company would automatically come to end after your attaining the age of 58 years. You will also be liable for earlier retirement, if you are found by any medical officer, appointed by the Company, to be mentally or physically unfit to discharge your functions and responsibilities.)

As per the terms no notice of 3 months has given on 26-April-18 and as well as on Transfer mail.

Supporting proofs are attached for reference

Sincerely,

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4 Replies

Adv. Varun Vij (Advocate) 24 August 2018

You can file a complaint against such employer if :

You are wrongfully terminated.
You have not received your due salary
You have been subjected to harassment at office
The terms of your Employment Agreement have been violated by employer

Firstly, I would suggest you to send a legal notice to the employer, and inform him about this and ask him to respond. The professional can include all the relevant details of the issue you have faced and draft a notice while discuss the remedy available in the matter with you accordingly can proceed in your matter

Secondly, If the employer does not respond or send a reply to the legal notice sent by you, you can go ahead to file a complaint with the Labour Court in your jurisdiction. You can file a complaint with the Labour court which has jurisdiction over the area where you reside or where you were employed.

The contentions can be listed out in your petition too along with charges and compensation.

K Chakraborty 25 August 2018

pls place a copy of your appointment letter.... before saying any think I should know about the terms and conditions of your appointment..

Vidita 25 August 2018

My Appointment letter is mention below.

Pl suggest accordingly.

25th December 2017

APPOINTMENT LETTER

Ms. Vidita M.,

Sub: Your Appointment in ............... Pvt. Ltd.

Dear ....... ,

With reference to letter dated on 22nd December 2017 we are pleased to appoint you as Supervisor of HR & Admin in our Company.

Terms and Condition of Employment Agreement:

Remuneration

Your CTC will be Rs.5,43,764 /- Per Year and PF where applicable will be deducted from your monthly compensation as per the government rules and regulations. Bonus is paid to the eligible employees as per the provisions of the Payment of Bonus Act 1965. Income Tax where applicable will be deducted at source from your monthly compensation as per the government rules and regulations. Basic and the other allowances and perquisites applicable in your grade are spelt out in the Annexure attached hereto.

2. Working Hours

The Company commercial operations include working 45 hours a week, start at 9.00 a.m. to evening 5.30 p.m. on Monday to Friday and 9.00 a.m. to 2.30 pm on Saturday. However, you may be required to extend the working hours and work as necessary to meet the demands of the Company. The Management can change the timings, as it may consider necessary.

3. Leave

You will be entitled to Festivals & National Holidays, Casual and Privileged leaves as per the leave policy of the company. For the purposes of the leave the year shall run from April to March.

You are entitled to 30 days of Privilege Leave per calendar year. However, it is not allowed to take Privilege leave unless you complete the probation period. The Leave can be accumulated up to 150 days, where after, company will purchase further accumulation at the end of the fiscal year.

Leaves should be applied for in advance and should be approved by the concerned official. The company reserves the right to grant/deny the leave applied, depending on the contingency of work.

However, the leave encashment will not be permitted in the case if you quit the services without requisite notice or whose services are terminated on account of misconduct such as dishonesty etc.

4. Job and responsibilities

You shall, to the best of your ability, work for the Company on all matters relating to your profile and other related activities that may be assigned to you by the Company from time to time. You are expected to render your Job Responsibilities with utmost dedication and honesty.

5. Notice of Confirmation/Termination

There shall be a probation period of 6(Six) months, from the date of joining, for purposes of confirmation. At the end of the probation period your employment shall be deemed to have been confirmed unless you have been issued a communication by the Company, in writing, terminating your appointment or extending the probation period. You need to give the company 1(One) month notice period or 1(One) month basic salary as shortage notice even on the probation period.

Further, your services can be terminated by either party giving to the other notice of 3 (Three) months in writing or 3 (Three) month basic salary after confirmation. The Company reserves the right to terminate the employment on any ground whatsoever, including the ground of misconduct or unsatisfactory performance or violation of the Company policies. Absence of a continuous period of more than three days, without prior approval of the Management, (including overstay of leave/training), can lead to termination of your services without notice. The Company shall verify the facts stated by you in your resume and if any of the facts stated therein at any point of time are found to be false, your services will be terminated immediately without notice. Your employment with the Company would automatically come to end after your attaining the age of 58 years. You will also be liable for earlier retirement, if you are found by any medical officer, appointed by the Company, to be mentally or physically unfit to discharge your functions and responsibilities.

6. Confidentiality and other terms

During your appointment with the Company you are restricted to undertake any other employment or engage in any external activities of any nature, honorary or remunerator without prior approval of the management. You are expected to attend to official duties and responsibilities diligently and to the best of your ability. You are further expected not to divulge any information regarding the affairs or business matters of the Company and all information that comes to your knowledge by reasons of your association with the Company is deemed to be confidential. Your appointment with the Company is also subject to your signing of Non-Disclosure Agreement (NDA) with the Company, as Annexed thereto. If at any point of time it comes to the knowledge of company’s management that you have violated any of the condition of this agreement in any manner, then management shall have full right to terminate your service without notice.

7. Severance

Upon separation from the Company on account of either termination or otherwise, you need to immediately return to the Company all the assets and property including documents, files, Vehicle etc. in your use, possession or custody. Kindly sign a duplicate copy of this Letter in token of your acceptance and return the same to the Company. Please submit duly attested copies of proof of age, academic certificates, employment certificates, relieving order / salary certificate from the last employer, medical fitness certificate issued by a qualified physician and 4 passport sized photographs.

With Warm Regards,

Yours Truly,

K Chakraborty 25 August 2018

Well I gone through your appointment letter carefully as I read your complaint. In a part of your complaint it was mentioned by you that you faced some physical harassment. If it is against of your modesty then you may lodge a proper complaint against of your boss as per the provision section 354 IPC.... You may filed a suit before the LC of your state... as per the appointment your company can't terminate you through a easy manner... they have to undoubtedly prove it before the L/C that you are not competent enough to carry your tusk as a HRM.... or Admin Officer.... so don't be scary... rather you may place a legal notice concurrently you may file a criminal case against of your boss for any physical harassment....