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Mental harassment, pay problem and termination

Page no : 5

Kumar Doab (FIN)     20 March 2017

@ PSD,


Out of good nature I have wished you eternal peace and sleep many times.

Kumar Doab (FIN)     20 March 2017

@PSD,


Wishing you eternal peace and sleep in this thread also.

1 Like

Kumar Doab (FIN)     20 March 2017

Dear LCI querist @Kavita,

 

Sometime back there were posts on Free Legal Aid at Mumbai.

Regret, remained busy and  could not find the link.

If traced I shall let you know.

You may check o your own and benefit from it if you wish.

Kumar Doab (FIN)     20 March 2017

Dear LCI querist @Kavita,

There were PIP from Mumbai/Maharashtra.

They had gained knowledge and confidence .

Regret, remained busy and  could not find the link. If traced I shall let you know. You may check o your own and benefit from it if you wish.

 

 

 

 

Kavita (software developer)     20 March 2017

Originally posted by : Ritesh Maity
  I do not see any wrong in local lawyers asking for money before giving you any advice. Lawyers like every other professionals need money to survive and many of them have ailing parents and loans and other problems too like every other individuals. So you expect them to give you free service? This expectation is totally unfair. 

And please note that this LCI is an online forum where professionals from various segments of work come at their free time and give advice as per their convinience. The advice may be help you or not. But again that depends on the answerers willingness to reply and avialable time. As long as it is free, you cannot demand anything.

I am sorry to hear about your poor financial condition. But if you cannot pay, you may not get professional help. In that case, what you can do is to visit the legal aid committee where you reside and contract them and ask them to provide lawyers through legal aid provided that you can prove your poor financial background. These lawyers will not charge anything from you as they will be paid directly by the government.

From my personal experience, I have noticed that many times clients (who are educated i.e. professionally established) try to get all the advice for free and act on their own. There is nothing wrong in that but it is a fiancial loss to the professional. 

 

Even before serving someone asking for money is NOT PROFESSIONALISM to make it clear to you... It is just a means of eagerly earning money out of clients who are already suffering / in problems. People approach lawyers when then get into trouble.  it is client's "Right to know" what action can be taken in advance for that also lawyers charges; then half of the victims will not dare to approach the court or for legal aid.

Sir you have never approached for answering the query posted, but you have arrived to fire here people with your words taking things personally when not intended/meant only.

Thanks anyways.

1 Like

Kavita (software developer)     20 March 2017

Originally posted by : Kumar Doab
Dear LCI querist @Kavita,

There were PIP from Mumbai/Maharashtra.

They had gained knowledge and confidence .

Regret, remained busy and  could not find the link. If traced I shall let you know. You may check o your own and benefit from it if you wish. 

I have gone through all your links, only one of which was working I registered there and posted the query but has not received any response yet. 

Genuinely, Thank you for the information. 

Kavita (software developer)     20 March 2017

Originally posted by : P. S. DHINGRA: sssfi2016@gmail
Dear Helping Hand,

You need not be at your wits end. Just check, if you can decipher anything in precise, in the name of an advice, out of the extensive 34 posts of Mr. Doab, what to say of expecting from a lay person like Ms. Kavita, to understand anything out of that.

Even on his profile page, he has written "I shall prefer to POST at LCI (NOT advice or guide)" at: https://www.lawyersclubindia.com/profile.asp?member_id=60926

So, he is fond of only making innumerable posts even on a very simple problem, but without any head or tail of his posts in the name of advice.

If you seriously go through the posts in any of the threads, as made by the fake expert, Mr. Doab, who even on several requests has not come forward with his real identity with his real name and photo, you would definitely realize that in the name of advice, he usually misled the solution seekers through his vague and wrong advice.

Rather, whenever he was asked to appear with the real identity, besides flatly refusing openly on several threads, used to post abusive language in his posts. You would like to see, even on this thread, instead of coming forward with the real identity he may at any time start making abusive posts.

If liked, you may also try to request him to post his real identity with his real name & photo in his profile at the LCI, he would never oblige you.

Sir, I personally (on your email address provided in your profile) emailed you the query even before posting on the thread here, but you have never replied back. After waiting for 4 to 5 days for the reply, I posted the same query here again.

@Kumar: Sir had been not only active, he is been giving all the answers that were possible from his end. I appreciate that.

1 Like

Ritesh Maity (Labour Law Advocate)     21 March 2017

Originally posted by : Kavita

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. Do you have any evidence to show that your were made to believe that the company was 10 years old before joining? They even lied about the number of projects they hold and boasted about the technologies they dont even work on. Any evidence of lying about project? Just to make me in, they lied to me.

And did not even give me proper Offer or Appointment letter. Issuance of appointment letter is mandatory under certain Acts. You may alert the appropriate authority for non-issuance of 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. If by asking you out, you means dating etc. you are free to lodge a complaint against him for s*xual harassment at workplace as well as general complaint before the police station. This is some sort of monopoly company; they have system of deducting 10000 (10%) of our salary every month and payback quarterly. This kind of deduction is illegal irrespective of any company policy. But these guys dont even pay us these amount quarterly. There are people who have not got these amounts for years. The deduction is primarily illegal and you can still claim the deducted/ upaid amount through legal procedure. 

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. This deduction is illegal and you can take legal action. 

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. Again the deduction is illegal.  

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.  For illegal termination, an employee can challenge and move to court. 

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. Under certain Acts you are not required to work for more than 48 hours a week. If your company is asking you to work for more than 48 hours a week, then also it is illegal.  And when asked about deducted amount they have terminated me saying that they can not afford my salary. Your termination is illegal and you can challenge the same. Hope they have terminated you in writing. Please disclose full facts.

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.The immediate termination clause in appointment letter has no legal validity. If a company wants to terminate an employee, then it has to follow certain regulations.  

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. The terms and conditons of appointment letter will not change the law of the land.

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

 

 

Answers in BOLD

Under this circumstances and depending on your nature of duties, nature of company and tenure of service and last drawn wages you can take the following steps. 

 

1. Challenge the terminaton by way of filing a case. If you challenge the termination, you will not be entitled to ask for full and final settlement at this stage.

or

2. Accept the termination though illegal and get the full and final settlement. But from the activities of the comapny as narrated by you, I do not think the company will settle your full and final payment unless you drag them to court. 

 

Choice is yours.

 

 

 

Kumar Doab (FIN)     21 March 2017

Dear LCI Querist @Kavita,

You are welcome.

 

Kumar Doab (FIN)     21 March 2017

Majority of the Seasoned Trade Union leaders are very nice and effective.

One such is Mr. P.ESAKKIMUTHU.

He has succeeded in getting termination order revoked.

https://www.lawyersclubindia.com/experts/Tn-shops-establishment-act-1947-and-payment-of-wages-act-1936-635661.asp

 

I have participated in queries/threads of Mr. P.ESAKKIMUTHU.

 

Kumar Doab (FIN)     21 March 2017

In an old matter the Union leader charged Rs.2000/for expenses and union charged Rs.500/ for membership.

The employee got all pending dues.

 

Kumar Doab (FIN)     22 March 2017

Dear LCI Querist @Kavita,

I have remained busy and is occupied in imp. matters.

In another few days I shall be posting other inputs for you.

The termination order posted by you seems to be bad.

 

 

 

 

 

Kumar Doab (FIN)     22 March 2017

Dear LCI Querist @Kavita,

The folloing abusive message has been pasted at my profile.

Do you agree with it?

Pls post your agreement at my profile page in response to abusive mesage pasted by @PSD on your behalf. 

 

 

"P. S. DHINGRA: sssfi2016@gmail      18/03/2017 11:18:39 ATTENTION VISITORS Must see the following post to know how this FAKE expert, without real identity, name, photo, tries to seek fun out of problems of the people. He made 22 long time wasting posts, just to confuse her the most, instyead of providing any workable solution to her: COMMENTS of Ms. KAVITA, a dissatisfied author of a problem: "This is so unfair I am not understanding what possible actions can be taken." Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=147692&offset=4"

 


(Guest)
Originally posted by : P. S. DHINGRA: sssfi2016@gmail
Dear Helping Hand,

You need not be at your wits end. Just check, if you can decipher anything in precise, in the name of an advice, out of the extensive 34 posts of Mr. Doab, what to say of expecting from a lay person like Ms. Kavita, to understand anything out of that.

Even on his profile page, he has written "I shall prefer to POST at LCI (NOT advice or guide)" at: https://www.lawyersclubindia.com/profile.asp?member_id=60926

So, he is fond of only making innumerable posts even on a very simple problem, but without any head or tail of his posts in the name of advice.

If you seriously go through the posts in any of the threads, as made by the fake expert, Mr. Doab, who even on several requests has not come forward with his real identity with his real name and photo, you would definitely realize that in the name of advice, he usually misled the solution seekers through his vague and wrong advice.

Rather, whenever he was asked to appear with real identity, besides flatly refusing oepnly on several threads, used to post abusive language in his posts. You would like to see, even on this thread, instead of coming forward with real identity he may at any time start making abusive posts.

If liked, you may also try to request him to post his real identity with his real name & photo in his profile at the LCI, he would never oblige you.

ढींगरा साहब,

माफ़ी चाहते हैं.  ये एक ऑनलाइन फोरम हैं जहाँ पे लोग अपने कीमती वक़्त को निकालते हुए, अपने खुद के पैसे को खर्च करते हुए आते हैं इसी उद्देश्य से की लोगों की मदद करसके.

ना की लोगो को और भी बुरी तरह से कंफ्यूज करसके.

लॉ एक ऐसे सब्जेक्ट हैं जिसमें एक प्रॉब्लम के सौ तरह के सोलूशन्स होते हैं.  कहना ये चाहते हैं की, एक ही प्रॉब्लम की अलग अलग क़ानून में सोलूशन्स होते हैं.  इसीलिए हर एक प्रॉब्लम को सोल्वे करने का अलग अलग तरीकें होत्ते हैं.  जिस तरीके से आप एक प्रॉब्लम को सोल्वे करसकते हैं या करना चाहते हैं, ये ज़रूरी नहीं की हर एक व्यक्ति आपके ही स्टाइल में प्रॉब्लम सोल्वे करें.

कुमार दोआब जी के रेप्लिकेस से यही मालूम होता हे की कैसे भी करके क़ुएरिस्ट का प्रॉब्लम सोल्वे हो.  लेकिन क़ुएरिस्ट को ही मज़ाक सूचरः हे.  इसमें पुराने मेंबर को दोषी तेहरान गलत बात हे.  ऐसा मेरा मनन न हे.


(Guest)

Sirs,

Neither the querist is serious and the discussion is going no where.  It is starting to appear that the entire exercise of trying to resolve the querists problem has been futile and useless with untoward remark by senior member.  Nobody has the time to come and do free seva at their own expense, if not a thanks or appreciation, what good for is this charity work?


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