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Amitksingh (Senior)     10 October 2012

Mis-representating company and hr policies

Respected Sir,

I was asked to leave my job on immediate notice without providing proper reason by HR representative.

Actualy it's a 10 months long story, I been facing mental harressment and number of  aligation from my immediate senior boss's. I was miss-represented as under performer, but fact is that i was asked to work on other ancillary  work's which were not countable as performance but were very important part of my process.  

I have writting number of mail's to higher authorise and Ethic's department's in relation to same, what i have been through. But no one is reply back on those mails. I have been following them but no responce.

No higher authotries seem to taking intrest in my issue or they are avoiding to make any kind of reply.

As per company emplyee policy, my Termination was ethically incorrect step to be taken by HR Department.  Maybe higher Authorities are aware of this and that's what they are avoiding to reply back. 

I dont know were to file complaint or escalate this issue against HR department, please note I am not againt my Organistion as they have very beautiful system in place for Employees and  for there concern.

But the people appointed or authories to implement those policies are blocking transperancy in the system.

Can you please advise, how should I proceed with this issue, as I want my case to be brought under notice of much more higher authorities.

Please note, its already 33 days form my termination.

Thanking You,

Awating for your reply.

Amit Kumar Singh



Learning

 8 Replies

Adv.Bhagwan K Taur (Legal Advisor)     10 October 2012

Dear Sir,


That please provide the terms and conditions of your appointment Letter. Then you have to file a complaint against the firm in the Labour Cout. Before termination they are required to serve you the notice of one month except any cognizable offence....


Thanks.

Amitksingh (Senior)     10 October 2012

Hello Sir,

 

I just have is appontment letter and other letter's in relation to my appointment, but no letter with any tems and condition as such mentioned in any of these letter.

There were no offence (in any sense), I have not done anything against companies policies. I always had clear records, never had any kind of fight or never used any abusive language.

My mails are still going on with higher authorities, Today I got reply from one of higher authories that my case/issue has been forwarded to Legal department as I am Ex-Employee. Legal Department will get back to me in relation same.

 

 

Amitksingh (Senior)     12 October 2012

Hello Sir,

 

Its more then two days no one has replied back,  is this matter of concern for me.

I belive if my issue have been forwarded to Legal Department of Company, its there duty to inform me back saying "Legal Department is working on the issue and should mentioned no days they need for futher investigation."

 

Can you please help me with the procduer to file complaint with Labout Court.

What all thing need to be done ?

Were to file my concerns ?

Whom to approach ?

What will be the cost that l have to bare ?

Is there anything, You as a Lawyer help me with ?

What will be you fees or Charges ?  Awaiting for your reply.

Kumar Doab (FIN)     12 October 2012

You have posted that:

--“I was asked to leave my job on immediate notice without providing proper reason by HR representative.”

Did you write and submit your notice of resignation/resignation? Did you mention that as desired/asked by Mr/Ms……..you are submitting your resignations?

If it was forced resignation did you protest in writing and withdraw your resignation in writing?

Forced resignation can be cited as deemed termination.

--“ As per company emplyee policy, my Termination was ethically incorrect step to be taken by HR Department.”

Have you been terminated or your resignation has been accepted?

If you resigned with immediate effect and your resignation was accepted with immediate effect, company shall claim notice pay. Since you were asked to resign, line management/HR may insert adverse comments in your personnel file, which may affect you in future.

Now what exactly do you want: contest your termination/forced resignation, withdraw your resignation or simply expose the line management and HR and do something to punish them.

You can always escalate to good offices of your appointing authority, MD, Chairman, Company Secretary, in writing under acknowledgment.

The line management and HR may block your FNF settlement and may sit on your relieving docs.

--“ I have writting number of mail's to higher authorise and Ethic's department's in relation to same, what i have been through.”

These emails {if you have copies} may come to your rescue.

You may approach a competent and experienced service lawyer/labor consultant with all records, and give inputs in person.

Amitksingh (Senior)     15 October 2012

Hi Kumar,

 

There's been lot of  twist in the my story. I was suffering with mental pressure due to my bosses. I raised this concern with higher authorities somewere in May 2012, After that for few days things were fine. The person who was regularly behind me allof sudden change his behaviour with me. He became good friend of mine. Thing were quit ok for next month.

As mentioned above i raised a complaint with higher authorities. There are few more things what need to be explained.

Actual as my company policy any New member joining a new Team cannot be rate low on the basis of  First SIX months performance. This is because you cannot concluded about anybody's performance so soon. But in my case I was rated 1.25 [This is in relation to half yearly appraisal on the bases of performance] My boss (as mentioned above) confessed that he rated me that low due to Frustration. He confessed that was error on his part as he was not aware of procedure. He asked for sorry about his irresponsible act done by him on personel level.

As we were in same organisation and we were suppose to work together, so slowly all the anger was wash-off. We both became good friend (as mentioned above). But due to that 1.25 rating almost after 30 days i was informed that I have been putten in PIP [Performance Improvement Plan], PIP is program what is given to those who are underperformer or not good at there work but my case was different, i never given that kind of oppirtunity. I requested no. of time for same.

No was there to reply me back.

Now as PIP programs started, HR rep comes to meet me and informed me about the PIP, I told him that I have never accepted the Appraisal Ratings and as per Procedure, In case of Refusal of Appraisal, HR has to get back with employee and need to ask for futher explanation why a employee has rejected his appraisal. During this employees has full rights to raise is concern with HR and has right to disagree with the appraisal rating what is delacared by there boss'.

In my case, No HR came back to me for my concern (Another  point we i wana fight back)

My boss was behind me to have that PIP doc signed as in case of not signing the PIP his (Manager) performance and Promotion will be marked down.

We had about 5-6 meeting in relation to same  in absence of HR. All meeting extened for about 2 or 2:30 hours. (This is to make you undedrstand thing were totaly outof control, I realised the everyone among team or HR department is avoiding the facts and trying to hide the facts in relation to Proceduer). Infact there was a time during meeting that My manager and HR started to Lie to hide there faults.

This kind of presser continued for 4 to5 months and started created adverse impact on me. I was continuesly sick during office hour  I always had fever. I lost almost 8 to 9 Kgs and few more things in relation to health started. I decided to Resign.

My company has a policy of 60 days notice period before resigning(This another issue). I resigned on 31-July-2012. Mentioned clearly that "I wolud like to serve full notice period of 60 days and my Last working days will be 30-Sep-2012"

But Manager was into another plan to prove himself correct. Because of that he introduced new HR contact person who was official not appointed as "MY"  HR spoke person.

Another twist, due to personnal reasons, I decided to take my resignation back.

As per my company Procedure any empoyee has right to take his resignation back a day prior to his last days of service.

 

I informed my manager almost 33 days prior to last date of service that I wana take my resignation back. He lied to me giving irrelavent resaons (Another Issue, i wana fight back).

 

On 07-Sep-2012 with the help of HR spoke person (Unofficial) my manager asked for a meeting and asked me leave on the grounds that  I have not completed PIP after 3 month if actual fight.

I explained them that i NEVER signed any kind of PIP, I have raised a issue against PIP and you are asking to leave on 07-Sep is Illegal. But they started laughing on me. Things were unbearable so I decided to leave I just surrender my ID card and left office, just to avoid any other further problem.

I want to fight back against those people no matter If i have stand against my company.

Please advise what needs to be done.  want to prove that I was not bad to be terminated. 

Pleasenote,  this HR people are represnting that I have resigned (Another issue, i wana fight back)

HR department of such a reputated company is Lieing with any fear (Issue, i wana bring to knowlwge of other people.)

Amitkumar Singh

Mobile No. 0929366990

Amitksingh (Senior)     15 October 2012

Hi Kumar,

 

Can you please guide me were i can find labor consultant.

Amitksingh (Senior)     15 October 2012

Its more then 13days My issue has been forwarded  to Legal Department of Company  

The company were i use to work......

But no Reply till now.... No call Receive.... No Letter.... No Mail receive........

Kumar Doab (FIN)     15 October 2012

Your company had Ethics Department, Grievance Redressal Mechanism. The performance of probationer could not be rated low, still you were rated low, and your boss confessed that he did it intentionally, and then he apologized.  You have posted details on your deliberate inclusion in PIP, your rejection of PIP, Non perusal by HR, etc.

Did you document al of this in writing and do you have any copies and POD/acknowledgment.

You may submit your contentions and facts to good offices of your appointing authority, MD, Chairman, Company Secretary, in writing under acknowledgment. Let it be on record.

Did you withdraw your resignation in writing, under acknowledgment and do you have POD?

Did you submit your ID card etc under acknowledgment?

“But they started laughing on me.” They found you were novice.

However you have realized they are fearful. Hence you may escalate to good offices.You may be able to tame and shame them.

Henceforth consult elders in the family, competent and exeprienced well wishers, lawyer/law firm in time, before you acting.

If you wish to avail the services of LCI lawyer you can conduct lawyer search at:

 https://www.lawyersclubindia.com/lawyers_search/

Your near and dear ones can also guide you to a competent and experienced labor consultant/service lawyer. Let your lawyer examine your record and merits and then you may proceed under expert advice.


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