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Engineer Jack (Engineer)     10 July 2016

Non-payment of dues by employer in gurgoan

 HI, 

I have grievances with my previous employer based in Gurgoan, a MNC from Europe.There are various instances one would discover that I was bullied around, during my brief stint, before I resigned during probation period. Hence, I felt it was imperative to flag issues and seek finantial compensation legally. My case histroy is as below:

  • I joined the Company after investing quite a-bit, on relocation to Delhi/NCR, as “Technical Manager", reporting to Director, as mentioned in my offer letter, with a promise of elevating me to "HoD".
  •  Within first 6 months, I was asked to lead the department as "Acting HoD" and same is documented in official emails.
  •  Within couple of months after my joining, unification of departments took place due to cost cutting, during Oct/Nov 2015, Later, I was positioned as mere Team Leader and was asked to report to another HoD, which was quite humilating and nasty and I resigned, abruptly. 
  • I was Head of Section in my previous company and was promised an equivalent role here and same is documented in offical emails.
  • After resigning, this company havent paid my complete dues (like expenses on transportation and flight etc) as they stick to the agreed terms and condition. 
  • In my view, Offer letter, Contractual obligation and Exit clauses etc. goes "Null and Void" if my position of "Acting HoD" and reporting “Line Manager” are dissolved, due to Amalgamation of departments or any other internal issues.
  • Had anyone asked me to Join Gurgoan office, as mere Team Leader (TL) and then report to such inexperienced HoD, I should had never wasted a single penny and precious time in relocation.
  • Due to above mentioned circumstances, resignation was inevitable and one can’t be penalized monetarily for no fault.
  • I did sent an email to my MD and board of directors regarding my impending Vendetta but, they appear to be unpurturbed, may be due to some clout in Labour department.
    Kindly advice how do I go ahead and if it was legitimate to sue my employer.
  • Many Thanks,
  • Jack,
  • Email: engg810@gmail.com, Cell+9860895515


Learning

 5 Replies

Kumar Doab (FIN)     10 July 2016

You have posted that:

"I joined the Company after investing quite a-bit, on relocation to Delhi/NCR, ........................ I should had never wasted a single penny and precious time in relocation."

 

Was relocation exepnse promised to be paid? Was it paid?

 

 

"I did sent an email to my MD and board of directors regarding my impending Vendetta but, they appear to be unpurturbed, may be due to some clout in Labour department."

 

Did you lodge  any complaint with Labor Dept?

"In my view, Offer letter, Contractual obligation and Exit clauses etc. goes "Null and Void" if my position of "Acting HoD" and reporting “Line Manager” are dissolved, due to Amalgamation of departments or any other internal issues."

 

Were you demoted? Was your CTC also reduced?

The whole set of documents/communications are to be examined?

 

IN any case you have resigned.

You are aimimg for damages.

Possibilities can only be ascertained after examination of all docs and communications on record.

 

 

 

 

 

Engineer Jack (Engineer)     10 July 2016

Dear Kumar,

Many thanks for your post. My offer letter clearly states that I shall be paid for one way flight and transporation allowances, if I stick to the organisation for a minimum period of of 18 months. Yes, they have paid my dues but not in full. As it was my Company who created that nasty position and forced me to resign, I guess I am liable for a compensation. I feel I was cheated and must be duly compensated but not sure about the company law. I havent complained to the labour department in Gurgoan, yet.I have all evidences stored and can be shared if needed. My CTC was not deducted but yes, they tried to adjust me in the department, at a lower position, which was unacceptable to me and I resigned. Jack. 

Kumar Doab (FIN)     10 July 2016

If you complained in writing under proper acknowledgment then ALC might have called for concilliation proceedings.

Possibilities can only be ascertained after examination of all docs and communications on record.

Engineer Jack (Engineer)     10 July 2016

Are you suggesting me to complain in writng to the labour department? I wont loose anything even if I complain to the labour department in writing with a copy to Income Tax Comm'sr. Could you Kindly share the email address of Labour Comm'sr in Gurgoan along with yours.

Best regards,

Jack    

Kumar Doab (FIN)     10 July 2016

Regret by oversite assumed that you have complained.

While you have not.

You may log onto Dept. of Labor website of Haryana to obtain address/email etc.

The whole set of documents/communications should be preferably examined by a seasoned counsel specializing in labor/service matters for a considered opinion.

 

Regret, I am not available for discussions by email/phone.

 


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