LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mental harassment, pay problem and termination

Page no : 2

Kavita (software developer)     08 March 2017

Sir, Please guide me what actions and precautions that I can take to get my dues back. Please post. Thanks in advance

Kumar Doab (FIN)     09 March 2017

I had asked you to reply to the points raised in other thread at;

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

and reminded in this thread also.

You have not replied.

Kumar Doab (FIN)     09 March 2017

If there is NO speaking (written) order of termination then you are not terminated.

You have posted that:

 

1.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.)

If relieving letter has been supplied to you then it is onus on employer how and why it has relieved you i.e. separated? It can be either ; resignation, termination, retirement.

2.” 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”

 

They can not afford you: Implies either lay off, or retrenchment. IN any case separation is initiarted by employer and compensdation as per service conditions applicable to you or as per enactments as to be paid.

Your performance was not good: Was any notice, stinker, PIP was initiated? Were you provided with training and support?

Kumar Doab (FIN)     09 March 2017

Work Hours and OT: 8/day,48/week and calculate for month ( NO. of work days). If you are working for 9hrs/day for 5days/week then it is =45hrs/week. Calculate for month (NO. of work days).  

 

Deductions: If deduction from salary is made but not shown in salalry slip then did you sign on receipt of full amount mentioned in salary in cash?

Kumar Doab (FIN)     09 March 2017

I had asked you to reply to the points raised in other thread at;

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

and reminded in this thread also.

 

You are not responding to the points raised and are complicating the query and matter.

 

While we are trying to help you in each thread.

 

Kumar Doab (FIN)     09 March 2017

There are NO quick fix soloutions or overnight solutions.

There are NO such solutions that can be provided in threads.

One TIp: Employee should avoid creating any ruckus in premises of employer as usualy employee is alone, and employer has the support of its own security staff, then other management staff, then other employees that may agree to be  a witness for management.

 

 

Kumar Doab (FIN)     09 March 2017

You have posted that:

“when asked about letter they said we have confirmed you with the organization but we do not provide any confirmation letters to our employee”

Can you establish it? Shall appointing authority/HR/authority to confirm service, state anything your favor e.g: that you were verbally confimed and letter can be issued now?

 

Clause:5 in copy of appointment letter posted by you sets condition of written letter of  Confirmation of service?

Kumar Doab (FIN)     09 March 2017

Relieving letter has been issued to you?

You have been discharged. (Although without any speaking termination order/resignation, as per you.)

However: Employers and its attorney’s in HR/Legal are known to claim that Termination Order was issued and supplied in office.

Kumar Doab (FIN)     09 March 2017

One Prespective: Join another company and clear BGV/reference check and get the copy of report.

Develop rapport with next employer: Line Managers/HR so that they support you and do not terminate if past employer resorts to vindication.

Another Prespective: Approach your community leaders. Some communities are strong and have huge vote bank and can reason and make the things happen.

Another Prespective: Approach reputed figures, police, political figures, ministres……., Higher Officials in Dept. of Labor………….

Kumar Doab (FIN)     09 March 2017

Another Prespective: Approach: Inspector appointed under Bombay Shops & Estbs Act ( If you are covered by the def. of ‘Employee’ as in the Act)

 

Inspector appointed under: Payment of Wages Act; (If you are covered by the def. of ‘Wages’ as in the Act. You have posted your salary as Rs.1Lac/month however relate the break up with the def. of wages in the Act.) This Act does not discriminate between ‘Workman’ and ‘Non Workman’.

 

O/o; Labor commissioner; If you are covered by the def. of ‘Workman’ as in ID Act.

 

Higher Officials of dept. of Labor

State of Maharashtra also has employee friendly enactments and against unfair trade practices MRTU/PULP.

It also has provision for informal discussions between employer-employee (if employee is not ‘Workman’).

 

Employee’s Unions/Trade Unions

Female employee’s unions

 

Female IT/ITeS employee’s unions

IT/ITeS employee’s unions

 

Kumar Doab (FIN)     09 March 2017

You have posted that:

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

………………………………… hey are refusing to pay”

If you have all these then why are you  not sharing these so that some imprssions on it can be shared with you.

If as per published policies and data and facts you are eligible then you should suceed to get it within period as in policy. 

 

Kumar Doab (FIN)     09 March 2017

There are many employees from Maharashatra that have been psoting queries at LCI e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147438&offset=2

Kumar Doab (FIN)     09 March 2017

The employee’s/trade unions have traditionally been strong in Maharashtra.   State of Maharashtra has enacted: MRTU/PULP. THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT https://bombayhighcourt.nic.in/libweb/acts/1972.01.pdf   It is surprising that employees in IT/ITeS sector in Maharashtra are not very well knit and united. While in states like Karnataka, Tamilnadu, AP etc they have formed Unions are embraced by Trade Unions and have done a good job.   Probably you are not aware that: State of Kerala has included IT employees in Min. Wages. I have posted and attached notification in old threads, years back.   You can Search thru Search option. In State of Kerala: ‘Kerala Government has brought all Commercial Establishments into the purview of Standing Orders’.     Standing Orders (Certified/Model) provide for good working conditions: many benefits/protection to employees, e.g; 'Service Certificate' to each employee.   Standing Orders also provide for; Faithful Observance of standing orders by employer or employer itself can be penalized.     You may go thru:   https://www.lawyersclubindia.com/experts/Kerala-shops-and-estabilishments-act-566406.asp   and other threads mentioned in it and download.   Not only Kerala: Delhi has also placed notification on ‘Service Certificate’ on its website. Karnataka: Has notified; ‘Grievance Redressal Committee’.   ID Act provides for; ‘Works Committee’ and accords it status of Authority.   If the need be ever:  IT-ITeS Employee’s Unions/Trade Unions, your own able counsel specializing in Labor/service matters, can take care of everything that you aim and need.  

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=147438&offset=2

Kavita (software developer)     09 March 2017

Originally posted by : Kumar Doab
You have posted that:

“when asked about letter they said we have confirmed you with the organization but we do not provide any confirmation letters to our employee”

Can you establish it? Shall appointing authority/HR/authority to confirm service, state anything your favor e.g: that you were verbally confimed and letter can be issued now?

 

Clause:5 in copy of appointment letter posted by you sets condition of written letter of  Confirmation of service?

I agree and understand sir

Kumar Doab (FIN)     09 March 2017

In case you were all united and had recorded (audio/visual/witnessed/minuted) you had something to agitate.

Moreso since verbal charge of performance issues and termination has been communicated to you.

If you have evidence of performance, eligible for variable pay then you may have something to agitate and defeat the contentions of employer.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query