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srnvs (engineer)     11 February 2012

Mnc not paying notice period compensation

I joined a US based MNC (Berkeley Design Automation) in bangalore on Dec 16, 2010.
On Jan 03, 2011 I was sent to its USA office on B1 visa for the purpose of attending trainings and meetings.
But they made me work as a full time employee which is against US immigration laws.
I came back to Bangalore on Feb 02, 2011.

On Feb 04, 2011 they removed me from job saying my performance is not as expected.
As per the offer letter they are supposed to pay 2 months of salary as compensation for removal. They didn't pay saying that I was in probation period for first 6 months and they needn't pay the compensation.

The offer letter says that I will be in probation for first 6 months. It also tells that they will pay 2 months of salary as compensation if removed without prior notice. Offer letter doesn't mention that if removed during notice period they needn't pay the 2 months compensation.

After sending repeated mails to them they have accepted to pay 2 months of my salary as per the notice period. On Jan 21, 2012 they called me to take the same. When I went to take, they asked me to sign a letter saying that money is being paid just out of mercy and not as the company is due to me. I disagreed and came back.

Can I file a case against Berkeley Design Automation for:
1. For not paying my compensation as per the notice period
2. For viotaion of US immigration laws

Please help



Learning

 8 Replies

Father of lovely Daughter (Father)     11 February 2012

Dear Members,

 

I joined an MNC in gurgaon in Jan2008 and suddenly my Sr managers started perssureising me and few others to work for 12 hrs a day.I pleaded them that i came from delhi and travel for about 4/5 hrs to and fro and plus 12hrs shift will make 16+working hrs in 24hrs a day.Then they took me to meeting room and started harrasing me on behalf of KRAs and other crap and pressurised me to write resignation myself or they will fire me.


In resignation i wrote "Please accept my resignation as i am unable to do 6pm to 6am shift"

I even have the copy of correspondence letters regards to this matter.

They immediately accepted my resignation and ask me to wait for couple of days.What should i do as i am the only bread earner in family and my child is heart patient.

 

PLEASE HELP :(

Kumar Doab (FIN)     16 February 2012

@srnvs

It is believed that you have read and understood the terms of your appointment expressed in your appointment letter carefully and you have posted the facts, and you have the copy of visa obtained for training and employment record to prove your contentions.. If the company owes you dues payable to you and succeeds in getting a letter mentioning “money is being paid just out of mercy and not as the company is due to you” it shall be not any relief to company but you may rather succeed in converting it to the funeral of the employee who has suggested and conducted this stupidity. Such individuals are not fit to be left to loose around in a civilized society.

It is suggested that you may show all the records to a competent and experienced service lawyer and submit carefully structured/drafted communications to build record in your favor and suit you.

You may send a gentle communication to good offices of your appointing authority, MD, CEO, Head-HR, Company Secretary citing all the facts, representations including on phone/by email/by letter/in person and conclude that after ...............months on dated.............as per statement of Mr/Ms............by letter/by email/by phone call ( mention phone number of calling person and your phone number) company agreed to pay the dues payable to you and demanded that you should visit the office to collect the dues , while company was duty bound to supply a bank DD by redg/speed post.

On reaching office (mention address) you were shocked when competent and authorized representative of the good offices of the company (mention name, designation, and department) asked you to sign a already drafted declaration stating that "money is being paid just out of mercy and not as the company is due to you". You may declare it insulting, rude, unprofessional, unreasonable conduct of the good offices and company and lodge your protest. You may mention that you are seeking the intervention of good offices for proper relief, so as to reach you within next 7 days by letter under seal and signature of competent authority by redg/speed post only and that you are enclosing postage prepaid self addressed envelope for dispatch to you by redg/speed post.

You may mention also if wrongdoings of the company are not corrected and apologized and offending employees of the company are not awarded punishment under information to you, you shall be constrained to approach lawful authorities at the cost and consequences of the company.

You can lodge a complaint with o/o Labor Commissioner/wages inspector and/or issue a legal notice and pull the company to court. You may discus the matter with your lawyer and evaluate the merits for lodging a police complaint for coercing and pressurizing you in office premises.

Valuable advice of learned experts/members is sought.

Kumar Doab (FIN)     16 February 2012

@ Father Of Lovely daughter

You should have immediately withdrawn the resignation by letter claiming it was extracted by force within walls of office premises by ............Mr/Ms...........name/designation/dept , in ......................e.g meeting room on .........e.g first floor.......on dated..............

Forced resignation can be termed as deemed termination. Was this a notice of resignation or a resignation with immediate effect?

In the same letter you should have expressed the points mentioned by you in your post.

Employee should find ways and means to record (audio/visual) of such happenings, and should be able to handle such situations and withstand pressure. Even if your line management/HR was demanding resignation you should have written notice of resignation with effective date of resignation written in it.

What is your designation, are you a workman, and have you been paid any over time? Is your address of Delhi is the address recorded by company in your appointment letter, official records?  Have you been asked to attend shifts by an office order or in writing? Have you been issued any warning, stinkers, show cause notice, verbal challenge, and capability process in writing on KRA’s or performance?

If you are determined you may proceed and approach a competent and experienced service lawyer and lodge a complaint with o/o Labor Commissioner, and or police naming the individuals.

Father of lovely Daughter (Father)     16 February 2012

Dear Member,


Thank you for your reply.In my resignation i have written


To,


Managment,

 

Please accept my resignation as i am unable to do 6pm till 6am shift.


Regards,

T

I gave it on the 7nov and had even send and email to confirm with the posted reason.But they are just asking me to come to company and negotiate that either they are accepting my resignation or will they terminate me.

I am executive in my company and my company is foricing like me to others also to work overtime without any pay.My address noted in comp. is Delhi.I am not asked to attend shifts as they have stop sending transport to my place and even locked my ID and email acct.I was a dedicated employee and have never been issued any warning letter neither the KRAs are clearly mentioned in appointment letter.

Wha should i do as my company is not responding to my emails and just asking me to come and negotiate on resigning or termination.

Please help as i am they only breadearner on the family.


Regards

Kumar Doab (FIN)     16 February 2012

@ Father Of Lovely daughter

You can choose the most suitable option:

-You may record such calls during which you are being forced, withdraw your resignation and email and claim that you were forced to do so. Report the matter to good offices of your company and give some time say 7 days to revert. If no relief is given you can approach your lawyer and proceed under expert advice. Blocking email id etc can be deemed as forced termination. If other employees can also complain that company id forcing to work overtime without pay it goes in favor of community of employees (record such demand of the company).

-Negotiate with your company and replace resignation with notice of resignation and utilize the time to find another job. Make your company agree that it shall settle your a/c, pay you your dues, supply work experience/service certificate, relieving letter, form 16, PF number/accumulation reports/transfer-withdrawal forms, acknowledgment of receipt of notice of resignation, NOC/NDC, FNF statement within a date decided by you, and decent reference check. Record (audio/visual) such committement.

You may proceed as deemed fit at your end.

srnvs (engineer)     16 February 2012

@Kumar Doab
Thank you.

srnvs (engineer)     10 August 2012

 

I am surprised to know from my Form 26AS, that Berkeley Design Automation submitted to Income Tax Department that they have paid two months of salary as compensation to me which is not true.

Problems:
- due to this I am supposed to pay extra income tax 
- due to this they are reducing their tax which is illegal
 

Kumar Doab (FIN)     10 August 2012

You may lodge a complaint with CIT-TDS of your area and jurisdictional CIT-TDS where company filed its return.

You may demand bank statement of the company showing entry of payments to you.

You may at once raise your demand of the payment of the unpaid amounts from your appointing authority, MD, CEO, Chairman, Company Secretary by bank DD thru redg. post.

You have the option of approaching your lawyer and your lawyer may prefer to issue a legal notice.

Valuable advice of learned experts/members is sought.


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