No enquiry ,no charge sheet,no suspension- salary stoppage

you have not proceeded on transfer so wage stoing is justified.

not understood how a copmplaint to govt body can be thrown in dustbin by your company.

Dear Mr.Sudhir,

                           Transfer order was issued as retaliatory action during the pendency of the the proceedings,means transfer order was issued as revengeful action that too keeping the workman grievance ignored and moreover during the pendency.So same was also challenged legally as malafide with ulterior motive.

                          Employer kept my complaint in dustbin put before HR head to intervene,not complaint lodged before labour office.

                         Hope it will give you better understanding and help in giving me right opinion.

Have you lodged complaint with Pharma Employee's state/national union also?

Let the unions also intervene.

Yes ,state union is involved .in fact legal case lodged before DLC is lodged by union on my behalf.

It is good that you are aware of the terms like 'Standing Orders'.

If standing orders apply but are not certified then Model Standing Orders should apply.

The unions could have pressed to certify the standing orders, form ‘Works Committee’, IC,GRC in the company and submitted a report that HR, Line Managers, Employer are biased, vindictive, zealous, and are bent to take actions full of malice, malafide…………………..

Usually Union Leaders are well informed. Usually the union leaders guide the members to act in the manner as you are doing as per your post. They may soon involve national unions as well.

However it is always better to show all documents on record to an able Labor Law Consultant/Service Matters lawyer/Law Firm and spend quality time with the counsel to understand the merits, remedies, options.

Your counsel can opine to refer or not to refer to standing orders for the time being, and can guide you to approach ALC-state or central. Since you are appearing thru union the company may not succeed to send its lawyer and you may notice (by name) and press for personal appearance of Sr.Manager, HR personnel…………….and press for ‘Discriminatory retaliation’…………………

It is believed that your leaders have not suggested pressing charges of criminal nature right now.

There are other very effective remedies and even top companies having battery of legal cell/HR professionals run to make a queue outside the residence of ‘Workman’ and office of ‘Unions’, that your lawyer and leaders can update you.

How does this MNC send expenses for Promotions/Cultivations?  

As far as financials are concerned if Company is not paying then you have to obtain releif from court. Hope Unions is paying you some 'Sustainance Allowance'!

Dear Mr.Kumar Doab,

                                   Yes are we proceeding under proper guidance and planning very shortly to lodge section  33A violations -subjecting workman to transfer,salary stoppage and no work no pay during the pendency of proceedings,employer is totally adamant and dormant in listening ,responding, or being heard to employee grievances which were the first escalated before VP-HR ,but no action only transfer order issued as retaliatory action.

we are also in consultations with civil/criminal lawyer to suit against the Manager who has harassed,threatened and intimidated me in the open meeting.But we will proceed with maturity and patience.

Rest you please requested to keep guide me how and what should be the best to pursue the employer legally.

regards

You shall need to prove the charges.

Are other employees in the meeting willing to state in your favor and are they unshakeable!

You have not replied to"How does this MNC send expenses for Promotions/Cultivations? "

It seems that you were already marked by the Managers/HR.

You may post the background details.

If you have no hesitations then you can post the name of company/matter details/name of union etc by PM.

Dear Mr.Kumar,

First of all thanks a lot for sparing your valuable time and showing your concern in my grievance, myself really pay thanks to you.

i have no hesitation in sharing with you the entire incident details and employer details,Before all that let me also share with you that I am aware  not well aware of workman rights and related industrial laws.

My employer name is AstraZeneca Pharma India limited,and my association with this employer is since  June 3,2000 as sales promotion employee.Employer is not adhering to any of the industrial law i.e Sales promotion employee Act 1976 service conditions,Certified Standing orders,Payment and wages Act 1936, Shop and Establishment Act etc .means being MNC they avoid to follow law norms.So in response to same and aggrieved by the employer We 4 sales promotion employee lodged complaint against company MD violating SPE Act 1976 before Deputy Labour Commissioner(DLC) in 2010-11 through local union. On lodging the case before DLC, employer acted retaliatory and transferred one complainant among 4 to distant place.Same workman also lodged case against the transferred order as Malafide and revengeful action.

on investigation employer found guilty of all alleged violations and DLC recommend punitive action against MD and referred the case to Chief judicial Megistrate as DLC have no power to take punitive action,he can only recommend guilty.Astrazeneca went to high court and take stay on this punitive action .So  employer was facing 3 cases  in my town (1-before CJM for punitive action,2-high court stay order taken,3-before labour court malafide transfer of the workman,and now 4th is my own case malafide transfer order, and all these cases status is pending at present 

Myself being the senior most was being harassed to withdraw all these legal cases or face consequences,I repeatedly told them I will see to it as I was having the fear in case I refuse they will certainly punish me.So I keep on lingering the matter and did nothing and handled the situation to save my job.But things go beyond my control when Sr,Manager Manager harassed me in open meeting in front of entire team and misbehave,insult and intimidate with threat to face consequences. I reacted to the same and objected his this misbehave asking his explanation ,and raised the issue to higher management to intervene including VP-HR.Same time I lodged a complaint before DLC apprehending victimisation 

HR and senior Management remain silent and did not reply to my grievance ,I put reminders but no reply.Thereafter in a 10-12 days time I received a letter containing transfer order .

Means I escalated my grievances to VP-HR on 28-12-2014 ,complaint before Lodged before DLC on 30-12-2014 and transfer order was received on 12-01-2015 ,DLC issued notice to employer on 03-01-2015 and received by employer on 07-01-2015.It reflects my transfer order was posted on 07-01-2015 after receiving the DLC notice.

One more thing I wish to share with you that all 100 percent communication between employee and employer are electronically ,average there are 5-10 mails from both side everyday including that period and today also.All the communication I am receiving from employer or from me to employer are delivered within seconds and this trend is even continue today.It was only my transfer letter which was send by courier and date mentioned on transfer letter is 20 days back ,with malice to hide the facts.Because had they sent it usually by mail ,everything will be crystal clear.So to hide the facts employer sent it by courier as exception.

Transfer order communications was given to DLC in written as challenge need as malafide,revengeful action, and remained at my stand not proceed to transferred place ,as same is unfair labour practice.I communicated employer to continue my work at present place as usual and will wait till court verdict.Employer stopped my wages and declared me no work no pay saying your work done is illegal. thereafter conciliations failed and Dispute is being referred to Labour court.

Fact remains that the day I escalated my grievance to HR and given uncounted reminders but no reply,no enquiry no investigations of the incident ,nothing at all ,neither i am updated on any thing subjecting to my grievances where as on transfer order employer is sending me regular reminders to join at transferred place.

Regaring witnesses in the meeting are ready to speak in my favour if given a secret ballot voting otherwise they are fearful of their victimisation ,but some are still willing to speak in my favour without any fear of their job.

I am not clear of your question "how does MNC send promotions/cultivations,please substantiate it!so that I will reply you in details.

This will help you to  understand the case better ,if anything unclear please communicate,will certinly reply and request to help me in proceeding further.

regards

Not M/s AstraZeneca alone but many companies tried to recruit frontline sales personnel by giving them decorated designations as ‘Sales Executive’ etc…………………….and flaunt that they are executives and can’t join unions………………………..but there are number of judgments that have held such employees as ‘Workman’.

You may download the dispatch details from courier website, and also write to customer care to provide the dispatch and delivery dates. It shall suffice. If required caution them that these would be required in court of law. The courier will save it from the server and certify it.

Each company spends a lot of inputs and finances on promotion to doctors. Hope you know it.

Majority of them have devised internal ways to obtain requisition from frontline personnel/managers and transfer the funds in personal accounts. This is illegal, fraud.

Hope now you have understood what exactly you have to tap. You will succeed to put your foot on tail.

Send by PM the contact details of yours and names/contact details of your leaders, name of the union and I shall try to provide more inputs.

Few points I also won’t post in the thread.

Utilize the time to add to your qualifcation and skills.

Good Morning,

                          Again thanks, regarding promotions to the drs. Employer is somehow not involved in illegal finance transactions.Yes they are paying money to the Drs. But it is somehow in legalised way,like company is organising events giving it name of scientific meet and fee is paid in the form of drs has delivered scientific lecture and this amount is his fee for that.But in actual it is just eye wash but in papers it is documented scientific meet,and direct cash transactions are not involved.

Mr. Kumar  My Mob 09761679363 and Union president Mob - 9412950454 ,Mr Deepak Sharma but better you also share your mob no to me,why should you spend money in calling me,better I will call you as it is my task.

Regards

Mahi

Illegality can not be converted into legality.

Look into such transaction even if many years old.

Recently one amongst  top10 companie's HR/Line Managers were at the residence of a 1st line Manager at UP (Agra) as the manger being forced/coerced/pressurized conveyed that he will throw the details in public domain/to legal authorities.His all rights were promptly restored.

 As you are being supported by union/Labor Law Consultant/Criminal matters lawyer......................you can take suitable steps as the case progresses.

Wish you the best.