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subodh ahire (engineer)     08 March 2014

Termination without any notice

Dear Sir,
I was working with private Indian IT firm from past 1.7 years. From past nearly one year my organization forcing me for extra work after office timing as well extra work on holidays and other terms. Several times I shown my disappointments, also informed as things are not matching I'm ready to resign, but they never listen. We've contract agreement of employment too. Perhaps last month they ask for Saturday extra work, I inform them I'm suffering from fever so could not make it; perhaps, I went to office on Sunday and complete all task which they given. After few days they called me in meeting and start asking reason for absence for same; I informed them that I was suffering from fever, perhaps I complete my task on next day, which is also extra working day. 

But they keep putting various reason that blood test took just five minute, then why you skip whole day office and all. And without any intention they directly terminate my service, mentioning reason like 'misconduct, asking question to seniors, failure to report on duty'. They've not paid a single rupee, in contradict ask for two lakhs, which was bond amount. As I was not pre-informed I don't have any agreement copy of employment with me to keep my point at that time. As well they refuse to show contract copy, instead they said this is how it is.

After several request they agreed on one post termination meeting, in which I shown them our agreement, and informed them bond amount clause valid only if employee resigns or tries to leave job during bond period, perhaps in case termination employer has to pay notice period amount or needs to give notice period.
After many discussion they said they will give me relevance letter, and I agreed as this is how I can at-least search new job for myself.

But yesterday when I called them for relevance letter, after not getting reply on several mail which requesting for relevance letter, they informed me they are not going to give relevance letter. And they can't do anything further.

Please guide me what I need to do, as I don't have relevance letter, in termination letter they demanded bond amount which is not mentioned anywhere in service agreement, and they're not ready for any talk. In fact they said many times, pay 2 lakh and we will give you whatever document you want.

As I'm unpaid from past one month nearly, its really getting difficult to handle all this now,



Learning

 24 Replies

Kumar Doab (FIN)     08 March 2014

You and redg. Office of the company is in which state?

What is your designation and nature of duties?

 

Record everything (audio/Visual) and if possible keep some witness along with and thus have Irrefutable evidence in your favor and in your possession for use at appropriate time in appropriate forum.

Falling sick is not misconduct and is neither failure to report on duty. Do you have detail/proof of providing information of sickness? Sick leave application can be sent by post on plain paper/sick leave application format.

If employer want employee to work OT then employer should issue explicit communication for it and also maintain record of OT hours and pay OT along with wages on its own.

Asking to work OT with intention to not to pay OT is exploitation and may be termed offence.

The BOND was created in lieu of which extra ordinary favor/expense/training provided to employee?

The employer may not be able to establish it.

The intention seems to be that if they relieve you then it may set precedence for other employees too and if they harass you then it may deter and subdue employees.

IT/ITeS companies are covered by (Name of the state) Shops and Commercial Establishments Act, standing Orders (certified/Model).

The leave policy of the company can not be inferior to the provisions of these enactments/Statue/instrument of law…………………..

Model Standing Orders:

8.                         Attendance and late coming

9.                         Leave

10.                       Casual leave

13.                       Termination of employment

14.                       Disciplinary action for misconduct

16.                       Certificate on termination of service

17.                       Liability of 17[employer].— The [1][employer] of the establishmentshall personally be held responsible for the proper and faithful observance of the standing orders.

18.                       Exhibition of standing orders.—

 

 

 

If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..

 You have the option to approach:

----Employees Unions, IT/ITeS  employees unions e.g;

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 


--- Trade Unions e.g; CITU, AITUC, INTUC ............................


--- Inspector under (Name of your state) Shops and Commercial Establishments Act.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office

--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

 

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Bond, Termination letter, Leave application/lab reprot etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

Don’t remain entangled with HR/Line managers. Let your lawyer draft a representation addressed to good offices of appointing authority/MD…………..

 

 


Attached File : 309379732 model standing orders industrial employment standing orders rules.pdf, 309379732 417759075 validity of employment bonds.pdf downloaded: 131 times

subodh ahire (engineer)     08 March 2014

We're in Maharashtra, and my designation is Jr. software engineer

Kumar Doab (FIN)     08 March 2014

>>> IT/ITeS employees union in Mumbai/Maharashtra :

 

Shiv Mahiti Ani Tantradyan Sena (SMTS)  (Shiv IT SENA),

Contact Info

 

 

Tollfree Number : 1800228595
Fax Number : 022-2421 1717
e-mail : 
helpline@shivsena.org

 

There might be others as well.

 

https://daily.bhaskar.com/article/shiv-sena-becomes-active-in-it-sector-1541159.html

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

https://www.facebook.com/ShivITSena/info

 

>>> Trade Unions in Maharashtra are very active and effective.                You may get in touch with them.

>>>

 The Bombay Shops and Establishments Act, 1948

14. Daily and weekly hours of work in shops and commercial establishment.-

18. Holidays in a week in shops and commercial establishments

CHAPTER VII

Leave with Pay and Payment of Wages

35. Leave.

(3) If an employee entitled to leave under sub-section (1) [or (1-A) is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the [State] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. 16 [The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.

38

38-B: Application of Industrial Employment (Standing Orders) Act to . establishments.-

{ If the company employs 50 people the standing Orders shall be applicable}

51. Employer [and manager to produce registers, records etc. for inspection

55. False entries by employer and manager

63. Wages for overtime work

{Lodge the claim for OT. Don't accept FNF statement and rather decline to accept in writing if it is not correct}

 

бб.Notice of termination of service.-

[Explanation.-For the purposes of this section, "misconduct" shall include-

(a)    absence from service without notice in writing or without sufficient reasons for seven days or more;

{You were not absent for 7 days}.

 

NOTE

S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages.

 

 

You may approach your lawyer.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

Thank you very much, One last thing I like to know, is there any way they could give me just relevance letter instead court. I mean this whole story definitely going to put wrong impression of my profile, and always going to fetch hurdle further my engineering Career.

subodh ahire (engineer)     08 March 2014

I'm apologizing for so many threads, it happened due to I was updating status from mobile. 

Kumar Doab (FIN)     08 March 2014

The service certificate, relieving letter to the employee is issued by employer.

The lawful authority (ies) that can be approached other than court have already been posted.

The trade Unions, employees unions can also help.

The termination order shall always remain in the records of the comp\any and in your personnel file and shall hamper   future prospects including requirement of VISA.

Rest is up to you.

 

You may proceed as deemed fit.

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