Amit Vishal 31 August 2015

My manager is not approving my attendance and holding my sal

Seeking your advice on the front that, my manager is deliberately not approving my attendance since 08/July/2015. He has developed certain ego issues with me and is contemplating of my ill-behaviour as the reason (as I am feeling). To clarify this further, let me cite the instances that have happened in the past-
1. I joined my current organisation on 15/Sep/2014 at position 'CITY MANAGER'. Owing to the re-structuring a position BUSINESS MANAGER was created and CITY MANAGER was scrapped. I was demoted to one-level down position (which was there earlier also, and I was L1 to the position) on 18/Nov/2014. I sought HR revert for not making me BUSINESS MANAGER and wrote mails on the activity to all concerned, but the status didn't changed. Later, I came to know that it was completely at the sole discretion of my manager and he has re-structured me that way. I sought a clarification and kept on nodding for the in-justice done to me.
2. Since Feb-15, I had started to receive mails for my poor contribution towards organisational excellence (because the new BUSINESS MANAGER for the area in which I am working has joined), and I felt this as a case-making towards proving my in-competency. I reverted on all those communications stating the actionables delivered. Such instances happened repeatedly, where my management had tried to mark my in-competency but I had always dethered it with reasons.
3. In June-2015 I came to know that I have not been awarded PLI because my rating has been registered as 'POOR' and when I sought clarification from my manager & HR they told me that it is because of my behavioural issues.
4. Recently, form 08/July/2015 my attendance is not getting approved hence my pay-roll slip is showing me on Leave Without Pay and I am not receiving my salary since two months, despite my punctuality, contribution and repeated reminders.

Although I have informed about my case to the top management of the company and will be following up for their intervention, I would like to know that whether I am eligible to make any legal claims against this and, if so, what?

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11 Replies

ROHIT SHARMA (Legal Advisor ) 31 August 2015

1. Outright show of discontnet and engaging in verbal arguments with superiors do amount to insubordination. Try and be tactful. Where apoligizes can normalize the relations do it. Your service is at risk and on verge of being terminated. Avoid having unpleaseant relations with your immediate superior.

Amit Vishal 31 August 2015

Thanks Rohit. I had already done that and everything was amicably settled (in May 2015). But this issue has cropped up since my manager demanded my resignation in July-2015 and I refused to give it. It was for the same reasons for which I have expressed my apologies in person in May-2015.

Last month, I had a discussion with my local HR on the same issue and he also confirmed to talk to my manager and have this resolved. But nothing has progressed.

Do I have any window to to escalate this to my top management OR seek a legal arbitration.

Kumar Doab (FIN) 31 August 2015

First of all post your query in proper font and make it easy for everyone to understand.

If many of the members and experts ignore then you are at loss.

Amit Vishal 01 September 2015

(Atually using default font. Please read now).

Thanks Rohit. I had already done that and everything was amicably settled (in May 2015).

But this issue has cropped up since my manager demanded my resignation in July-2015 and I refused to give it, until I have received an offer from somewhere else, and expediting my duties, I kept
searching for another option, but did not receive anything till now.

Resignation was demanded for the same reasons for which I have expressed my apologies in person
in May-2015.

Last month, I had a discussion with my local HR on the same issue and he also confirmed to
talk to my manager and have this resolved. But nothing has progressed. Do I have any window
to escalate this to my top management OR seek a legal arbitration.

Kumar Doab (FIN) 01 September 2015

Was there any communication in writing that the restructuring is on and position of ‘City Manger’ is scrapped or redundant?

Were you laid off during the interim period and were you paid ‘Lay off’ compensation?

Were you informed that the position of ‘Business Manager’ is created and you will be a ‘Business Manager’?

On the basis of what document/rule/policy/your written request you were demoted to one level below?

Hope PLI stands for ‘Performance Linked Incentive’! Is it stated in writing that PLI is declined due to behavioral issues?

In the KRA’s and conditions is it a condition that if there are behavioral issues PLI can be denied?

Was the appraisal that ranked you ‘Poor’ conducted with you and did you sign it appraisal?

Do you have the copy of appraisal and matrix?

You may download copies all communications made to you on performance and behavioral issues and your replies!

You may also download your attendance record and all communications made by you and also copy of document that shows you as ‘LWP’!

The attendance is marked online or offline?

If you are not on LWP then it may be termed falsification of record, offence and fraud.

Why and what for you apologized in person? Were any minutes of apology, admission of misconduct recorded anywhere with and without your information?

You may reply to all points, pointwise!

ROHIT SHARMA (Legal Advisor ) 01 September 2015

Naturally if you all the time busy thinking of getting another amployment then your concentartion on your present emplyment does get diturbed. i suggest that let a written apology letter follow your in person apology. mark it private and confiential and cite there in that lack of suuportive guidance as enriching human resources apptitude did distract your mind as towards fulfillment of your personal goals and did not nourish any intention to behave in unsubordinate manner. if your P.L.I. was rated poor then the H.R. should have used such human resources to yeild thier best as by sending for training at H.R. approved centres.

2. it is unlawful for your immediate superior to coerce you to submit your resignation. This is unfair trade practice. Your immediate superior demands are based upon your being inattentive to your present employment and have who has accepted your personl apologies and your personal message to the H.R. may deliver better results.

3. you need to show enthusiasm in whatever occupation you are employed for and get to learn intra personal skills as how to maintain decorum of the office environment.

Kumar Doab (FIN) 01 September 2015

Before you tender anything in writing consult your able counsel in person. Reply pointwise to all points.

Amit Vishal 02 September 2015

Dear Mr. Kumar,

Thanks for your reply.

In response to the points that you have stated, please find my response in the attached file and suggest.

Attached File : 325130 20150902131005 770276997 salary issue.rtf downloaded: 87 times

Kumar Doab (FIN) 02 September 2015

What is JD?

Who is this placement consultant? Is the placement consultant entitled to give you position?

Was your position inserted in appointment letter issued to you by the company?

You have posted that: “The '--- City Manager' poisition is L1 to '--- Centre Manager' “.....................”. It was informed that the 'Area Business Manager' position is being created, but it was not informed that I will be designated as same. It was implied that now since it is the new position which is L1 to '--- Centre Manager', hence '--- City Manager' will act as 'Area Business Manager' now.”

Thus both City Manager and Area Business Manager are LI to City Manager. So how do you claim you are demoted?

You can raise issues when appraisal is before you for signature and insert your observation above your signature and retain a copy signed by manager.........................and self-assessment sheet citing my achievements and duly approved by my manager.

Object to attendance status as 'Pending with Manager', and demand salary slip and payment of salary.

Object to LWP shown in salary slip and demand payment.

Who has alleged ‘financial mis-conduct out of various recruitment/on-boarding activities, not happening as per policy’? You on management or management on you?

Verbal communications are not on record.

If you are not being given any tasks/duties then escalate to appointing authority,MD,Chairman.

You should preferably spend quality time with an able Labor Law Consultant/Service Matters Lawyer/Law firm.

1 Like

Amit Vishal 03 September 2015

Thanks sir. You have been a lot of help.

Kumar Doab (FIN) 03 September 2015

You are welcome.

First of all I would like to appreciate the mettle and resolve you have shown so far and retained your employment.

There is full blown attempt by the Line Managers/HR personnel to ease you out from employment.

After all that has been done so far, you are most likely to be put in some internal procedure e.g.PIP to justify the termination.

At the same time firm up your next venture ASAP. Take care as you are most likely to face adverse comments in BGV/reference check.

Therefore you should ideally approach Emplyee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS and gather support and also an able Labor Law Consultant/Service Matters Lawyer/Law firm, and build irrefutable written record under proper acknowledgment.

Your counsels may opine that you are coverd by the def/ of 'Employee'as in Shops and Estbs Act and 'Workman' as in ID Act.