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Mental harassment, pay problem and termination

Page no : 3

Kumar Doab (FIN)     09 March 2017

IN Tamilnadu Labor Court has decided that Software Engineer is "Workman'.

IN Karnataka a woman employee was charged with underperformance and terminated.

She was awarded with compensation of Rs.11.5 lacs by higher officials of Dept. of Labor.

One employee obtained stay on termiantion from High Court.

 

Kumar Doab (FIN)     09 March 2017

You may also go thru;

Bombay Shops & Estbs Act; Sec: 2(13,)35,36,38, 38-B,66,

 

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94257/110577/F479460477/IND94257.pdf  

 

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?
==== Now when they have terminated me they say that I have not been confirmed and that they have extended my probation period. I encountered him asking that he mentioned that I am confirmed and he also made paid leave available to me which are actually applicable after confirmation and also said that he is lying about it.   Sir thing is i tried convincing my other fellow collegues to talk about also they denied talking about not giving confirmation. 


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

 

Kavita (software developer)     09 March 2017

Originally posted by : Kumar Doab
Relieving letter has been issued to you? ==== YES relieving letter has been issued immediately

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

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

The HR person is justifying his/her salary and his master/employer’s policies for him/her.

 

It is so easy for attorney’s of employer in HR/IR/Legal cells::: when employees are not united and properly informed and are facing situations like burden of loan etc ……………

It may be possible and/or may not be possible to establish with corroborating evidence like leave.

Try to show everything to a very able counsel specialing in Labor/service matters at your location.

The counsel may not charge a fee or may charge a reasonable fee.

Kavita (software developer)     18 March 2017

Hello Sir,

I further wanted/seek your guidance in this matter...After termination, I have emailed them asking the details and money but they are lying about me and my performance and quoting every negative adjective possible.
 
Please have look on the emails I drafted and their responses (attached in the pdf format - please see the attachment) and please guide me what I can do to avail my money back.
 
This is so unfair I am not understanding what possible actions can be taken. 
 
Regards,
Kavita 

Kavita (software developer)     18 March 2017

Hello Sir,

I further wanted/seek your guidance in this matter...After termination, I have emailed them asking the details and money but they are lying about me and my performance and quoting every negative adjective possible.  

Please have look on the emails I drafted and their responses (attached in the pdf format - please see the attachment) and please guide me what I can do to avail my money back.  

This is so unfair I am not understanding what possible actions can be taken.    

Regards,

Kavita 


Attached File : 219127 20170318004204 480806658 email drafted.pdf downloaded: 31 times

(Guest)

Mr. (identity-less) Doab,

After making 22 vague and infructuous posts, as of your old habit, you ultimately advised Ms. Kavita, "Try to show everything to a very able counsel specialing in Labor/service matters at your location."

So, you admit and prove very clearly that you are NEITHER a lawyer, NOR capable to provide any solution to the problems of the authors?

The Author, Ms. Kavita has also shown her utter dissatisfaction on your unending time wasting vague posts with no viable conclusive solution for her through any of your posts, as she stated, "This is so unfair I am not understanding what possible actions can be taken."

I have already advised you at several occasions, when you don't know ABC of the service laws and rules, don't try to indulge in making your time wasting vague posts to make the issues more complicated and confusing for the persons facing with some problem. But, as of your undying habit and getting fun out of the problems of the authors, you get fascinated to make completely vague posts, without any purposeful advice, just to confuse the authors more and more, who is already traumatised by their problems.

By the way, howt actually she would get benefited if she tries to "show everything to a very able counsel specialing in Labor/service matters" at her location, as you suggested, when after holding a long boring investigative seesion even you could not suggest any solution, and also how you are sure that a very able counsel won't charge or would charge a very reasonable fee, as per your presumptive statement "The counsel may not charge a fee or may charge a reasonable fee?"

I WONDER, WHY BEING AN IDENTITY-LESS FAKE EXPERT, YOU TRY TO SEEK FUN FROM THE PROBLEMS OF OTHERS JUST TO PASS YOUR IDLE TIME!
 
By the way, WHY AND FROM WHOM YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY WITH REAL NAME, PHOTO AND LOCATION IN YOUR PROFILE AT LCI? WHY TRY TO REMAIN HIDDEN JUST TO MISLEAD ONE AND ALL WITH YOUR VAGUE POSTS?
 
 
3 Like

Kavita (software developer)     18 March 2017

Originally posted by : P. S. DHINGRA: sssfi2016@gmail
Mr. (identity-less) Doab,

After making 22 vague and infructuous posts, as of your old habit, you ultimately advised Ms. Kavita, "Try to show everything to a very able counsel specialing in Labor/service matters at your location."

So, you admit and prove very clearly that you are NEITHER a lawyer, NOR capable to provide any solution to the problems of the authors?

The Author, Ms. Kavita has also shown her utter dissatisfaction on your unending time wasting vague posts with no viable conclusive solution for her through any of your posts, as she stated, "This is so unfair I am not understanding what possible actions can be taken."

I have already advised you at several occasions, when you don't know ABC of the service laws and rules, don't try to indulge in making your time wasting vague posts to make the issues more complicated and confusing for the persons facing with some problem. But, as of your undying habit and getting fun out of the problems of the authors, you get fascinated to make completely vague posts, without any purposeful advice, just to confuse the authors more and more, who is already traumatised by their problems.

By the way, howt actually she would get benefited if she tries to "show everything to a very able counsel specialing in Labor/service matters" at her location, as you suggested, when after holding a long boring investigative seesion even you could not suggest any solution, and also how you are sure that a very able counsel won't charge or would charge a very reasonable fee, as per your presumptive statement "The counsel may not charge a fee or may charge a reasonable fee?"

I WONDER, WHY BEING AN IDENTITY-LESS FAKE EXPERT, YOU TRY TO SEEK FUN FROM THE PROBLEMS OF OTHERS JUST TO PASS YOUR IDLE TIME!

 

By the way, WHY AND FROM WHOM YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY WITH REAL NAME, PHOTO AND LOCATION IN YOUR PROFILE AT LCI? WHY TRY TO REMAIN HIDDEN JUST TO MISLEAD ONE AND ALL WITH YOUR VAGUE POSTS?

 

 

Please, advice Sir.... Please check the last post and its attachment.. Give me relevant advice.

Kumar Doab (FIN)     18 March 2017

You have posted that:

 “When you talk about "not able to match performance", In fact, just four days back of my termination, I have been appreciated by my manager Mr. Kashif for my good work done.”

“all of these leaves are been informed by my end and a formal email had been drafted by me and approved by your end too verbally’

 

““1. "{Your full and final will be done within 60 day's of your termination.}" ­­ I am ok with this and I will wait for the time you mentioned.”

 

“3. As you stated in the last mail on the third point; Nowhere in my appointment / offer letter mentioned that variables and PLI's (performance linked incentives) are same components. In fact, these components are mentioned individually and their terms and conditions too. In fact, I have been promised of quarterly fixed variable pay and is also mentioned as fixed variable pay.”

 

So the appointment leter describing T&C was supplied.

Your reply indicates that you have drafted as per inputs provided to you and your reply on some points is quite satisfactory.

However: you should not have agreed to it i.e:  60 days period to pay FnF dues.

 

 

Kumar Doab (FIN)     18 March 2017

Notice period/pay, Leave/leave pay/ accumulated leave/leave encashment, FnF dues; the enactments/relevant clauses have already been supplied to you.

The employer can provide higher/superior benefits than the enactment but not lesser/inferior.

The employer has confirmed that you are terminated:So the notice period can not be less than as in enactments and if appointment letter provides for noticd period higher than the enactments then that should apply.

Approved leave/( alleged) low performance is not misconduct.

 

Variable pay/PIL: Relate with T&C of such payouts and actual performance. You have the data of perfromance and T&C inserted by employer. You need to reply  that denial by employer is wrong.The approaved leave (i.e. say 3days/month) should have NO impact on it.

 

Kumar Doab (FIN)     18 March 2017

In future while you negotiate your remuneration/CTC/package: avoid to get allured by Variable pay/PIL and focus on fixed/confirmed/committed/basic payouts and wages.

 

Downlaod and keep copy of T&C and facts/data of performance.

 

The company has inserted in its internal records: Termination due to Poor Performance. It can affect you on future. You should counter it with facts and data and request the employer to remove/call back the termination from its internal records.

  

The authorities that you can approach have already been supplied to you.

You can either resolve on your own by interacting with employer by emails/in person and/or by approaching authorities as  Party in Person or thru unions or thru your very able counsel specializing in Labor/service matters.

Kumar Doab (FIN)     18 March 2017

Originally posted by : Kavita
Hello Sir,

I further wanted/seek your guidance in this matter...After termination, I have emailed them asking the details and money but they are lying about me and my performance and quoting every negative adjective possible.

 

Please have look on the emails I drafted and their responses (attached in the pdf format - please see the attachment) and please guide me what I can do to avail my money back.

 

This is so unfair I am not understanding what possible actions can be taken. 

 

Regards,

Kavita 

 

"This is so unfair I am not understanding what possible actions can be taken. "

I have already responded to it, in detail. 

Before you act on your own, relate everything with T&C and clauses, as already suggested.

If you have the T&C and data attach it. 

 

 

Kavita (software developer)     18 March 2017

Originally posted by : Kumar Doab

In future while you negotiate your remuneration/CTC/package: avoid to get allured by Variable pay/PIL and focus on fixed/confirmed/committed/basic payouts and wages.

Downlaod and keep copy of T&C and facts/data of performance.  ===== sir they have no system, they do not review employees timely manner. and they have got no such documents. (chances are they can create fake reports).  When you take about is it T&C is it appointment letter where all the rules and regulations are mentioned. I have read all of these clauses. I don't think so any of them are applicable to me. but they can create a problem and falsely claim that I was not good and so and so clause.I have only provided by offer and appointment letter nothing more than that.


The company has inserted in its internal records: Termination due to Poor Performance. It can affect you on future. You should counter it with facts and data and request the employer to remove/call back the termination from its internal records.   ====  I dont know about internal records, but when i mentioned the point in the mail that they have not given any formal termination  mail and asked money; then they mentioned that it is for my betterment and even if i want i can shoot the mail kar k usne mujhe alag sa mail kiya hai termination wala

Hi Kavita,

This is to inform you that you are "Terminated" from --- pvt. ltd. services effective from Tuesday, 7th March 2017 due to "Incompetency(not able to deliver project in given time)", "Irregularity in your attendance", and not able to match performance expected from you.
 
You are entitled to get paid for 6 day's and we have no pending amount due to be paid to you apart from your 6 day's salary. It will be cleared within 60 day's of your termination date.



The authorities that you can approach have already been supplied to you.

You can either resolve on your own by interacting with employer by emails/in person and/or by approaching authorities as  Party in Person or thru unions or thru your very able counsel specializing in Labor/service matters.

 

Kumar Doab (FIN)     18 March 2017

Dear LCI Querist @Ms. Kavita,

Your comment ""This is so unfair I am not understanding what possible actions can be taken. " was not for me!

 

 

 


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