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Udham S   27 April 2017

Terminated, f&f not done, company not replying to mails

Hello Friends, 

Need your opinion, I was working as an Employee at one place and took projects as a Business Consultant from other NGOs as well Profit making companies, all of them were without any pay/compensation, I took projects only because i wanted to learn things, 

When my employer found this, he fired me, where I accepted termination but not the reason as they tagged this as dual employment, and I knew that I was not employee of any other organisation. 

The reason of acceptance was "Abusive language by employer"--"Dhakkhe mar ke bahar nikalo sale ko"

Now they are not releasing my F&F amount and not even replying my mails, when I called to HR, she said that Director of the institution refused to release amount as you were fired because of serious reasons and told me to not to call her but directly to the Directors.

There was no investigating committee where I was given a chance to speak or state my facts.

Its been a month and till now, I have not received any termination letter or F&F Money.

Please suggest how to proceed. 

Regards
 



Learning

 17 Replies

Kumar Doab (FIN)     27 April 2017

Termination should be by speaking (written) order.

But why do you want any inquiry and then Termination?

Check your appointment letter and all Service Rules/regulations/conditions, HR policy etc etc mentioned in it.

Do these specify that you cannot involve in any other activity even if it is not for monetary gains?

Kumar Doab (FIN)     27 April 2017

You could have sought written consent of employer to involve in such projects (without any monetary gains).

During inquiry you may admit that you have indulged in such projects and employer may term it as misconduct.

You may succeed to establish that you did not gain any monetary benefits.

For your FnF dues upto LWD, you may have to approach labor Authorities or court of law.

Kumar Doab (FIN)     27 April 2017

Your relations with employer are spoiled and bitter to the extent that these are irrepairable.

The employer may want you to write admission of misconduct and apology.

Try to tender notice of resignation or resignation with immediate effect and get your service certificate, experience certificate, relieving letter without any adverse comments and get employed elsewhere.

 

Have you spoken to the Director!

Udham S   27 April 2017

It was a spoken termination, no written letter till now, 

I never received any appointment letter, I signed a joining agreement in which there was a mention that I should not be employed anywhere while signing the agreement, 

I am not sure why I should have taken permission from him for what I do in my hours after the office hours, even then I was just giving consultancy and not employed/salaried.

I needed enquiry as I told them several times informally during meetings (under CCTV recordings ) that I do give consultancy service to Startups, which they never bothered

I dont want my job back, I want th F&F, my salary and F&F is stucked, they are not replying to my mails

I have mailed to HR several times where I kept directors in CC, few days back I sent a mail directly to Directors, but still they are not saying anything, 

They made us worked 7 days a week, 12 hours a day and not paid anything above our salary, they deducted 10% of monthly salary as security and now they are not paying the last salary, security amount or the encahment of leaves. 

 

Please suggest me how to get the money which I earned.

Udham S   27 April 2017

. Dual post error

Kumar Doab (FIN)     27 April 2017

Originally posted by : Udham S
It was a spoken termination, no written letter till now, 

I never received any appointment letter, I signed a joining agreement in which there was a mention that I should not be employed anywhere while signing the agreement, 

I am not sure why I should have taken permission from him for what I do in my hours after the office hours, even then I was just giving consultancy and not employed/salaried.

I needed enquiry as I told them several times informally during meetings (under CCTV recordings ) that I do give consultancy service to Startups, which they never bothered

I dont want my job back, I want th F&F, my salary and F&F is stucked, they are not replying to my mails

I have mailed to HR several times where I kept directors in CC, few days back I sent a mail directly to Directors, but still they are not saying anything, 

They made us worked 7 days a week, 12 hours a day and not paid anything above our salary, they deducted 10% of monthly salary as security and now they are not paying the last salary, security amount or the encahment of leaves. 

 

Please suggest me how to get the money which I earned.

Does CCTV survillience have mike also to capture sound?

Do you have copies?

Would employer tender copies?

Have you mentioned verbal termination in emails sent by you?

Did you by default mention reason of termination quoted verbally by employer?

Udham S   27 April 2017

Originally posted by : Kumar Doab



Originally posted by : Udham S



It was a spoken termination, no written letter till now, 

I never received any appointment letter, I signed a joining agreement in which there was a mention that I should not be employed anywhere while signing the agreement, 

I am not sure why I should have taken permission from him for what I do in my hours after the office hours, even then I was just giving consultancy and not employed/salaried.

I needed enquiry as I told them several times informally during meetings (under CCTV recordings ) that I do give consultancy service to Startups, which they never bothered

I dont want my job back, I want th F&F, my salary and F&F is stucked, they are not replying to my mails

I have mailed to HR several times where I kept directors in CC, few days back I sent a mail directly to Directors, but still they are not saying anything, 

They made us worked 7 days a week, 12 hours a day and not paid anything above our salary, they deducted 10% of monthly salary as security and now they are not paying the last salary, security amount or the encahment of leaves. 

 

Please suggest me how to get the money which I earned.





Does CCTV survillience have mike also to capture sound?

Do you have copies?

Would employer tender copies?

Have you mentioned verbal termination in emails sent by you?

Did you by default mention reason of termination quoted verbally by employer?

Yes it does have Mic and Sound because even I was using it to monitor the branch

 

In case of legal case, when he say I never informed him I can ask or court can ask for copies

I mentioned in mail the date was my last day of working

No I never mentioned the reason or questioned the reason in the mail 

Udham S   28 April 2017

please help me guys, how can I get my salary and F&F

Kumar Doab (FIN)     28 April 2017

One Prespective: Here in your case and establishment apparently anything is possible.

So you may if you can act and withstand: 'Kulla Khel Farukhabaadi'.

Kumar Doab (FIN)     28 April 2017

The FnF wages should be paid of LWD or say within next 3 days or max. by usual pay day.

The employee can lodge a complaint the moment payment of earned wages is delayed even by a day.

The OT should be communicated to employee and mentioned in salalry slip.

The employee should lodge claim for OT in reasonable time.

If you can establish that OT was aksed for by employer, and you fall in category to which OT is applicable, and you have vidence of OT, then you   may claim OT.

Beleiivng that it is some commercial Establishment:

Deepnding upon your coverage by various enactments you may approach:

Inspector appointed under Shops & Estbs Act (if covered by the def. of employee as in the Act)

, Payment of Wages Act (if covered by the def. of Wwages as in the Act)

O/o Labor commissioner (if covered by the def. of Workman as in ID Act)

Higher officials in the Dept. of Labor

Civil Courts

Discuss in person with local counsel of unshakable repute and integrity specializing in labor/service ematters.

You can also seek help from seasoned employee's/trade union leaders.

1 Like

Udham S   04 May 2017

Though I have all proofs to say that I never had a dual employment and whatever free consulting I gave I have informed them, But still I was on fault, can I claim FnF, how and whats the law in this regard when they found employ for misbehaviour

Kumar Doab (FIN)     05 May 2017

Now, wherefrom the query of  misbahaviour has cropped up.

What is the misbehavior and by whom!

The employer is to pay earned wages to employee till LWD.

For FnF various forums that can be approached have been discussed.

Udham S   05 May 2017

Originally posted by : Kumar Doab
Now, wherefrom the query of  misbahaviour has cropped up.

What is the misbehavior and by whom!

The employer is to pay earned wages to employee till LWD.

For FnF various forums that can be approached have been discussed.

I meant if they tag my free consulting service as misbehvior then can they stop payment.

Kumar Doab (FIN)     07 May 2017

It can be misconduct.

For which employer should issue memo, give opportunity of hearing, natural justice.....

 

1 Like

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