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Kavita (software developer)     08 March 2017

Mental harassment, pay problem and termination

Hi, 
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 not 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 in the month of october and i needed money so i requested them to pay my variable amount which was due by october 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 when i got salary they deducted 30000 amount from my salary and when asked them about it. They gave me some lame 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. When 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 been 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. I did not take that money as they were indirectly trying to hold me and I am planning leave the company. 

But still I continued working there as I dont have a new job and mom is not well and my loans were the reasons. And now I come to know that nobody has got confirmation letter in the office and they have been terminating people for no reason giving lame reasons to them. yesterday I got my salary for the month of february ( but again they have deducted 3000 amount) when asked he again was saying that I was not working 9 hours which is wrong as i was working more than 9 hours daily. And when asked about deducted amount they have terminated me saying that they can not afford my salary. I asked about my dues they said that he was saying "jab sab ko variable ayega tab apko ayega and rest we are done nothing left" (variable amount 60000 + pf is not credited to me yet of 3 months (3*3600) = 10800 + my salary of six days = 15483 + immediate termination clause is mentioned in my appointment that if either of the party wishes to terminate immediately has to pay one month salary(if under probation 1 month salary if under confirmation 2 months salary) in advance if not given a notice one month prior = 100000 (1 month salary)) What should I do in such case. Please help . What actions can i take. 

NOTE: I have also attached appointment letters page 2 in which clause no 4 and 5 states what I mentioned above please have a look. 

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

 

 



Learning

 91 Replies


(Guest)

Without offer letter and appointment letter you joined?  Are you illiterate?

There is no appointment letter and you are expecting confirmation letter???

This is another 420 company.  Mera kehna maano, jitna aaya utna hi tumhare naseeb mein tha samajhke nikallo.  Sim card pheko, aur koi aur naukri dhundo.  For christs sake they did not even give you PF account number.  Even if they given have you checked with PF office whether there exists such number?

Going behind this you will need money and time.  Hire good advocate to file case against the company.  I dont think the company is even registered.


(Guest)

And I dont think there is women cell in the company where you can complain about s*xual harassment.  You can complain to jurisdiction police statoin regarding this.  If you are in bangalore, just call vanita sahayavani and rest they will take care. Mad rch dh ko accha sabak sikhayenge pulis.

Kumar Doab (FIN)     08 March 2017

Isn't it same query:

https://www.lawyersclubindia.com/forum/Mental-harassment-and-not-letting-leave-the-organisation-144204.asp

You have not replied pointwise to all points raised, in above thread.

 

Kumar Doab (FIN)     08 March 2017

Another thread:

https://www.lawyersclubindia.com/forum/Salary-deduction-without-any-reason-75137.asp

Matter was discussed.

Kumar Doab (FIN)     08 March 2017

You may reply to points raised in other threads and thus post basic information.

Employee should alwats keep access to employee's/Trade unions and a very able counsel specializing in Labor/service matters.


(Guest)
Originally posted by : Kumar Doab
You may reply to points raised in other threads and thus post basic information.

Employee should alwats keep access to employee's/Trade unions and a very able counsel specializing in Labor/service matters.

Mr Kumar,

As you will know especially in private sector you rarely find trade unions, every person main motive will be to cross the salary date ie take salary and leave if the company is not treating them properly.  People like these will be risking life doing jobs without appointment letter just to take some money home, and employers make fool out of people who come to work for them.  There is a very huge practice among employers to take freshers, who are just out of college, pay them menial pay without asking them about quality of work and get nearly done work of 3 people by just 1.  Who will even have time to create trade union among software company employees or bpo employees?

Kavita (software developer)     08 March 2017

@Kumar Doab: yes sir, this is the same query but i continued working as i had no option. 

I have signed joining letter

They have provided me offer and appointment letters very late. I have not signed on any of these letters as they have not asked me too.

Confirmation letter: I asked about my confirmation and leaves applicable after confirmation (I inquired with everyone at IT department, nobody got this letter of confirmation) HR said that you are confirmed and you may take the leaves from now onwards. I asked about the copy he said that we dont provide.

After confirmation (there is no email or a document of my confirmation) I have applied for leaves and they have granted me paid leaves

on 7th March, they have terminated me saying that they cannot afford me and also mentioned that my performance is week.

And they immediately given me the releiving letter on which (termination is not mentioned) its a normal releiving letter. And I have not signed anywhere as he has not asked me to.

Immediately I tried clearing the clauses, he said nothing we are giving you letter you dont have to come from tomorrow

I asked pending 2 quarters variable amount (60000/-) he said nobody got the amount. When I asked that when can I expect it he said "sab ko jab milega tab apko milega". I inisisted him giving some date for clearing dues and that I can not wait for dues indefinately. He laughed in reply and said "sab ko jab milega tab milega"

I asked him about (pending 8 days) paid leave policy (and i also applied for paid leaves on 8th, 9th, 10th and 14th march). he said "who tho ab lapse hogaya"

I have no email stating that I have been terminated nor even a letter.

I asked 7th thak ka (6 days) pay he said wo sab hogaya.

I checked my EPFO number online, I joined in the month of may 2016.

They have only credited 

1/06/2016   = 3600

1/7/2016   = 3600

1/8/2016   = 3600

1/9/2016   = 3600

1/10/2016   = 3600

1/11/2016   = 3600

thats it.. there is no amount credited  after this date 1/11/2016 ... this amount 3600 is also taken from salary towards EPFO contribution there is no employers contribution in it

 

 

 

 

 

 

 

Kavita (software developer)     08 March 2017

Originally posted by : Kumar Doab
Another thread:

https://www.lawyersclubindia.com/forum/Salary-deduction-without-any-reason-75137.asp

Matter was discussed.

Sir this is the old company which I left. This is not related to the above thread.

Kumar Doab (FIN)     08 March 2017

Mr. Helping Hand,

There are many threads posted by employees from BPO/KPO/IT/ITeS/Call centers.

The union’s werer never heard of in such sectors.

 

Although there have been unions in private (other) sector and some have been formidable.

The one advantage is that employee’s at least become properly informed.

 

There are even threads and posts that employees were being blacklisted, threatened with blacklisting………………………………….made to compulsorily register with NSR and share the PIN with HR/employer.

The IT/ITes employees unions took up the matter and NSR had to reply in writing to Unions:  that it does not blacklist.

 

I have posted in detail in such threads and have attached such declarations by NSR. 

 

Other incidences: Bond (without any training), Blank Cheques collected from employees, deductions every month from salary, NO salary slip, NO appointment letter, stretched working hours, NO OT, working by phone after office hours……………..then threats of adverse comments in BGV/reference checks,

 

Employee’s unions do help by support, hand holding, guidance, to protect against such exploitation.

 

Then there are employees that are not in their hometowns and with families and are either on rent and have EMI’s to pay.

It is very difficult for some to maange both ends and/or send some money to parents/home and/or consult and engage lawyer.

 

The employee’s that are properly informed and are supported can atleast get the pending dues from employers…………………………relieving documents to remain employable.

 

The unions can help to represent in Labor courts………

 

Many state enactments make it mandatory to issue appointment letter.

There are enactments that make it mandatory to issue salary slips.

 

The point is that community of employee can and must unite.

 

 

 

 

Kumar Doab (FIN)     08 March 2017

You have not replied to any point as asked in other threads.

Kumar Doab (FIN)     08 March 2017

Work hours=8/day, 48/week

Per day salary=monthly salary/26

Per hour salary= Per day salary/8

OT = double wages (2* Per day salary)

Likewise you can calculate fornper hour rate ……………..

 

Deductions should be mentioned in salary slip.

 

Leave Policy: ON number of leaves/carry forward/earned leave/annual leave etc Can not be inferior than provisions in  applicable enactnments e.g; Shops & Estbs Act, and can offer superior benefits…………..

 

Appointment letter; again check in applicable enactnments e.g; Shops & Estbs Act

Notice period, Notice pay, rate of Noice pay: again check in applicable enactnments e.g; Shops & Estbs Act

 

 

 

If employer has not been providing salary slip then it has to prove that monthly salary asmentiuoned in appointment letter was paid on due date, what was deduction and why.

 

You must be having attendance record, signature in security register, online attendance, attendance by matrix card, etc etc…………….then emails/intranet communications pertaining to official work……….to prove attendance in office….

 

You must be having variable pay policy, T&C, performance ……………..

Has any termination order been supplied to you?

What is the reason mentioned in it?

 

 

 

Kavita (software developer)     08 March 2017

Originally posted by : Kumar Doab

Work hours=8/day, 48/week        == we have 9 hours /day, 1st week saturday and third week saturday is working if month is of 5 weeks then 3 saturdays are working

Per day salary=monthly salary/26   

Per hour salary= Per day salary/8 

OT = double wages (2* Per day salary)   == they dont provide OT wages at all...they ask us to wait

Likewise you can calculate fornper hour rate ……………..

 

Deductions should be mentioned in salary slip.   == no deductions are mentioned in salary, not even in the month of october when they deducted my 30K amount from my salary. I asked to mention it in salary slips but they did not provide. I have mailed them I have got the proof of it. No one replied on that mail I sent.
 

Leave Policy: ON number of leaves/carry forward/earned leave/annual leave etc Can not be inferior than provisions in  applicable enactnments e.g; Shops & Estbs Act, and can offer superior benefits…………..

 
Appointment letter; again check in applicable enactnments e.g; Shops & Estbs Act

Notice period, Notice pay, rate of Noice pay: again check in applicable enactnments e.g; Shops & Estbs Act  === sir I have attached appointment letters page (clause no 4 and 5) where they have clearly mentioned that either of the party trying to leave immediately has to provide notice pay. But they are refusing to pay when I asked them.

If employer has not been providing salary slip then it has to prove that monthly salary asmentiuoned in appointment letter was paid on due date, what was deduction and why.

You must be having attendance record, signature in security register, online attendance, attendance by matrix card, etc etc…………….then emails/intranet communications pertaining to official work……….to prove attendance in office….           ========== there is no such system here , they have access punch in and out system where there was no software installed before. they have installed it in the two months back only.

You must be having variable pay policy, T&C, performance …………….. === yes they are refusing to pay

Has any termination order been supplied to you?  == no nothing is supplied to me

What is the reason mentioned in it? === they verbally mentioned that they cannot afford me and my performance was not good
 

 


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  • (Guest)

    @ Mr Kumar...

     

    Thank you for the reply.  And I agree with you completely, unless until employees form unions there will be problems for the employees.  All which you have explained to querist requires mainly patience, time and money to be expended in order to get favourable results for the problem at hand.  The querist is not new to the problem, she has already left the old company and joined new company where there are new problems. Hope she puts effort like you have suggested.

    Kavita (software developer)     08 March 2017

    Originally posted by : Helping Hand !
    Without offer letter and appointment letter you joined?  Are you illiterate?

    There is no appointment letter and you are expecting confirmation letter???

    This is another 420 company.  Mera kehna maano, jitna aaya utna hi tumhare naseeb mein tha samajhke nikallo.  Sim card pheko, aur koi aur naukri dhundo.  For christs sake they did not even give you PF account number.  Even if they given have you checked with PF office whether there exists such number?

    Going behind this you will need money and time.  Hire good advocate to file case against the company.  I dont think the company is even registered.

    Hi sir, Thanks for the reply. Pf account mene check kiya online. I have UAN no, on which I registered and checked usme sirf 

    june, july, august, september, october and november k hi entries hai. uske baad ka kuch nahi..


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