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Jasmine   17 October 2015

Mental harassment in office

Dear Sir, 

I am working with a prominent advertising agency in Delhi. My problem and my concern is that it has been more than 5 months that i have joined this organization and till now they have not given me my appointment letter which is a proof that i have joined an organization. 

Despite several reminders to the HR person I get the the same reply that they are with MD and he hasnt signed it.

Additionally, when i joined this organization that my salary will be raised from 25000 to 30000 if i performed well. After 3 months when i asked 1stly they me that if and when it will happen it will be from 1st September howeveri joined the organization on 5th May and my 3 months got completed on 4th August. Then later they told me that since it is out of turn increment we will increase to 27500 however it was what commited to me that it will raised so from where it was out of turn i fail to understand. 

My only mistake was that i never took this thing in writing at the time of joining. For this entire matter i wrote a mail to my top boss i.e. MD of the company and he reverted me verbally that he is not the right person to discuss any salaray increment concerns. But, he never replied to my email instead my immidieate boss accused me of being disrespectful and aggresive in nature. However, nowhere in my mails i behaved disrespectfull. In this chain mail scenario my immidiate manager asked me if i want to accept the offer of 27500. I declined that offer and said that i will prefer to work on 25000. 

However, in when my salary cheque came for September and was calculated on revised salary of 27500. Very politely i returned that cheque stating that i have rejected the salary offer of 27500. Now even after 2 days i have not received my salary cheque and when i dropped an email for the same to my HR. My HR said that whenever the MD will be in office and will have time i will get my salary cheque but still there was no mention of my appointment letter. 

Sir, every day because of this i am stressed and mentally harresed and would to know how can i tackle this it is very mentally draining. I want to know can i actually sue my employer if not then how can i come of t of this situation. 

For reference i am attaching the mails i have sent. 

Dear Sir,

Kindly release my salary asap as it has already been delayed due to unnecessary miscommunication, since as per the trail mail I have already mentioned that I don’t want a half increment if I cannot be given something which was communicated to me.

Regards,

Dear Sir,

Even I am deeply saddened, with this chain mail scenario.

Being my immediate boss I expected you to understand and I also expected you understand as time and again you mentioned that when appraisal was committed to me at the time of my interview, you were nowhere in the picture. And since, after following up with the middle management I was not getting a satisfactory response, I had only top management to look up to.

Secondly, if my performance is more than 50% and is less than 100%, with due respect I have the right to know where do I actually stand in terms of my performance. Being my immediate boss I have only to look up to for detailed feedback for my performance of 4 months. Additionally, you are absolutely correct I do not have the right to decide my appraisal, however, I am only asking for what was committed to me.

Time and again, we had sessions regarding my random offs in such a case I have all my leaves on my fingertips as to why and in what circumstances I had to take those leaves.

Out of the three offs I had taken apart from not being well, I have always informed you well in advance except for once when my mother-in-law was not well. Even, that day also, I called you up in the morning and took your permission an even you understand that situations _LIKE THESE ARE UNAVOIDABLE AND I CERTAINLY CANNOT PLAN FOR EITHER MINE OR ANYBODY'S ILLNESS_. _HOWEVER, I FEEL SAD THAT FOR ALL NEGATIVE REASONS I HAVE BEEN HIGHLIGHTED IN THE EYES OF THE MANAGEMENT.

So far, whatever reasons I have mentioned above to explain my situation and do not intend to offend anyone.

Time and again it was mentioned that the company is giving me an out-of-turn increment, however, I am only asking for what has been committed to me. If it would have been in my knowledge at the time of my joining, that it is something out-of-turn, I would have rejected this offer and would have negotiated my salary rather than causing any disequilibrium or disharmony in the organization.

Since, the beginning of this discussion, and also in the trailing mail sent by Sameer sir that my salary revision will be w.e.f the 4th month and as I joined on 5th May 2015 my 3 months tenure ends on 4th August 2015 and the 4th month begins from 5th August 2015. Still, I do not understand why I will receive the revised salary w.e.f 1st September 2015.

WITH DEEP SORROW, I FIND IT REALLY OFFENSIVE THAT BEING MY MENTOR YOU HAVE SO RUDELY STATED "YOU EITHER CHOOSE TO ACCEPT IT OR REJECT" THE OFFER. THEREFORE, I HAVE DECIDED NOT TO ACCEPT THIS OFFER. ALSO, CONSIDERING THAT MY PERFORMANCE IS NOT 100%, I CERTAINLY FEEL I SHOULD NOT ACCEPT THIS OFFER AND I AM HAPPY TO WORK ON MY CURRENT REMUNERATION.

Lastly, even I would like to rest this discussion as i do not want it to effect my personal and professional life.

Cheers,

Let's Make this workplace even more beautiful, without any hard feeling.

 

Hi 

I am deeply saddened by this mail and attitude. I never expected this mail brawl from one of my core team members. I also expected the following of basic office protocols before jumping the gun and getting into a chain-mail altercation that too marking the top most Management. This itself is a cause of grave concern and bypasses the concepts of work place ethics. Now to be fair, I thought I'd step in.

Though I am not bound to give any explanation to your queries, but I think I should be fair and offer you an understanding of your fallacies.

a) Nowhere did Sameer mention about your- "performance was not even 50% of what you have been assigned."

b) Secondly, you do not decide your appraisal amount, the management does, in fact you joined at your own will whatever be your reasons. IT WAS ALSO CLEARLY MENTIONED THAT THE INCREMENT WOULD BE DEPENDING ON YOUR PERFORMANCE. AND YES YOUR PERFORMANCE ISN'T CLOSE TO 100%. AND ACCORDINGLY, THE ORGANIZATION HAS VALUED ITS COMMITMENT MADE TO YOU DURING YOUR JOINING PERIOD AND HAS AWARDED YOU THIS INCREMENT AMOUNT BASED ON YOUR PERFORMANCE.

c) Also talking about performance, I have time and again pulled you up for various quality parameters. Giving you another chance or a learning curve doesn't mean you haven't made mistakes.

d) I have also had sessions with you and Sameer and mentioned to you about your irregularities and random offs apart from the ones taken on medical grounds.

e) As far as working and completing a list of assignments, that is considered to be an integral part of your job and you have been paid a salary for it.

f) And finally if you talk about indiscipline, yes, principally this is a show of abrasiveness.

THE ORGANIZATION STILL STANDS BY ITS WORD AND WOULD AWARD YOU AN OUT-OF-TURN INCREMENT AS PROMISED DURING YOUR ON-BOARDING AND ENSURE THAT YOUR NEW SALARY STANDS AT RS. 27,500/- W.E.F. 1ST SEPTEMBER, 2015.

THIS IS OUR LAST AND FINAL COMMUNICATION WITH RESPECT TO THIS CHAPTER. YOU EITHER CHOOSE TO ACCEPT IT OR REJECT. PLEASE LET SAMEER KNOW OF YOUR DECISION BY TOMORROW EOD.

Regards 

Boss

 

Dear Sir,

 

Thanks for the information that

my performance was not even 50% of what I have been assigned, however,

1.I really would like to understand where I am lacking in my performance, and if that was the case nobody commented on my performance and I can produce a list of assignments I have been assigned and worked on.

2. I also want to understand the cases of indiscipline caused by me as mentioned in the mail.

3. Yes, even I am asking to give me appraisal from 4th Month (Since I have joined On 5th May 2015 and my three months were completed by 4th

August) that means as per your statement mentioned below I am asking my salary revision from 5th of August 2015 that is the 4th Month of my working in Flags.

Regards,

Dear 

Just to clarify, every where the salary is evaluated 'BASED ON PERFORMANCE', and when I said it meant that from the 4th Month, based on how well you perform, we shall raise your salary accordingly between 25K to 30K, and yes it of course meant performance shall be evaluated…moreover I guess last week Ayon has already given you the feedback on your performance (which includes discipline as well), and based on the same, the management has decided to apprise your salary to Rs.27,500/- from 1st September 2015.

If at all there is confusion, it is at your end and the company cannot be held liable for the same.

This is a very fair evaluation by the management of your total performance; the company cannot go by an individual assessment about him or herself, having said that this stands FINAL.

Regards 

HR

SUBJECT: Salary Increment Concern

 

 

Dear Sir,

I would like to bring to your notice that at the time of my joining (04th May, 2015) I was committed that after completion of 3 months (w.e.f 4th August, 2015) my salary will be increased from Rs.25000 to Rs.30000 per month based on performance.

Since, I considered it as a win win situation, I decided to join the organization without even negotiating my salary with HR and considering that it will be revised w.e.f 5th August, 2015.

I raised the issue to the HR on 7th August 2015, however, despite several follow ups I received a feedback after a month that my salary will be raised to Rs.27500 w.e.f 1st September 2015.

Sir, as per my understanding "salary will be increased from Rs.25000 to Rs.30000 per month based on performance", meant that it will be 30,000 if I performed well. Nowhere, it was mentioned to me that the increment will be less than Rs. 30,000 if the performance is good. In such a case I accept that it was a mistake on my part as I did not pursue the fact that it should be given to me in writing by HR.

Also, as discussed and mentioned by you at the time of interview that in order to, pursue my interest in content writing, I will have to bear certain financial losses and I am bearing the same from past 3 months that is a loss of 15000 PM, but it will be very difficult for me bear an additional loss of Rs 5000 for one month and Rs 2750 from next month again which was never been communicated during my joining.

Therefore, I feel it is only justified that if I had not performed well, I should not even get Rs.27,500 but if I have performed well, I should get 30,000 only.

Additionally, in the past 4 months I have never received any negative feedback on my performance.

Sir, for any employee one of the most basic need is salary and if one has to struggle for the same, it is very demotivating.

Request you to please look into the situation and suggest a suitable time so that we can discuss the same.

Regards,

 

 

 

 

 

 



Learning

 5 Replies

advocatepassy@gmail.com 971794 (Advocate)     17 October 2015

I do not think any lawyer will.  have time to read your longish query. Please be brief and to the point. 

1 Like

Jasmine   19 October 2015

Dear Sir, 

I am working with a prominent advertising agency in Delhi. My problem and my concern is that it has been more than 5 months that i have joined this organization and till now they have not given me my appointment letter which is a proof that i have joined an organization. 

Despite several reminders to the HR person I get the the same reply that they are with MD and he hasnt signed it.

Secondly, when i joined they said they will increase my salary from 25000 to 30000 based on my performance. After 3 months when i asked them for the same the management refused, and then later on after to many mails and communication they said they can make it 27500. 

To which i refused, but when the salary cheque came, it was with revised amount. I returned the cheque to the accounts person stating that i have already rejected the offer so i cannot take it please make the cheque as per my old salary and give. as it is on 15th of month we get our salary and dur this confusion and miscommunication on HR's part till now i have not received my salary.  

When i asked the HR they very rudely told me on mail that the MD is not in office and once he will be here and will have time i will get the revised salary. 

Sir, everyday because of this i am stressed and feel mentally harresed and would like know how can i tackle this it is very mentally draining. I want to know can i actually sue my employer, if not then how can i tackle this situation. 

 

Regards. 

 

Kumar Doab (FIN)     19 October 2015

If the establishment is covered by Delhi Shops and Commercial Establishments Act and you are covered by def. of Employee as in the Act then company has violated the provisions of the Act, by not issuing appointment letter.

 

 

You may go thru the Act.

 

Did you recieve the salary slip?

 

This Act does not discrminate between, 'Workman' and 'Non Workman'.

 

 

1 Like

Jasmine   20 October 2015

Dear Sir, 

Thank you for your valuable time. However, I have one more question as to how can i check whether the organization is covered under Delhi Shops and Commercial Establishments  Acts

and no i have not received any salary slip but i have got a copy of cheque i received every month. 

Secondly, when i raised my concerns to the HR and my boss they have now told me to resign from my post and when i asked them for a reason they said issues are there with work and attitude. i asked them if asking for salary is an attitude problem? then my HR told me that i should resign if my immidiate boss is not supporting me. Then i asked them 1st release my previous salary and appointment letter. 

I asked my immidiate manager and he said there are one or two mistakes and all. and

Please advice sir, i am being forced to resign from my profile. 

Kumar Doab (FIN)     20 October 2015

Record the threats (audio/visual/witnessed/minuted) and demands of resignation.

Inspector appointed under Delhi Shops and Commercial Establishments  Acts, may be contacted.The contact details and Act can be searched from website of Dept. of labor Delhi, O/o Labor Commissioner and Google.

The employee's unions/Trade unions e.g CITU/INTUC/AITUC/BMS etc, Labor Law Consultant/Service matters Lawyer/Law firm can be consulted.


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