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Kumar...... (occupation )     11 June 2015

Threat by manager at work place

i have been working for an IT firm in Hyderabad for the last 2 years, when ever i asked for feedback about my work, my manager evaded and ignored.my work time is mininum of 12 hours a days, i worked in night shifts and multiple projects and got appriciation mails from client.

last month at the time of annual appraisal i got a negative feedback about my work and it came as a rude shock. 

today my manager threatened me that he will lodge a police complaint on me if i don't resign from the company as my performance was not good. 

can i file a case against my company. the HR is playing safe and they don't want to hear my side of story 



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 5 Replies

saravanan s (legal advisor)     11 June 2015

as per law forced resignation is illegal.gather proofs you can file a complaint with the labour comissioner

Kumar...... (occupation )     11 June 2015

what is the section which says its crime to threat employees at work place and what evidence must be collected ?

Kumar...... (occupation )     12 June 2015

can anybody advise 

Kumar Doab (FIN)     15 June 2015

 

You have posted that:

 

“i have been working for an IT firm in Hyderabad for the last 2 years, when ever i asked for feedback about my work, my manager evaded and ignored.my work time is mininum of 12 hours a days, i worked in night shifts and multiple projects and got appriciation mails from client.

last month at the time of annual appraisal i got a negative feedback about my work and it came as a rude shock. 

today my manager threatened me that he will lodge a police complaint on me if i don't resign from the company as my performance was not good. 

can i file a case against my company. the HR is playing safe and they don't want to hear my side of story 

 

  1. There seems to be system of annual appraisal. Is it stated in appointment letter of HR policy/service rules and regulations etc that increment shall be awarded as per appraisal or that appraisal shall be conducted?  Has the company shared the appraisal format/form and matrix? Has the company declared your KRA’s in writing? You have posted that annual appraisal was conducted for 2nd year. Do you have the copy? Was any appraisal conducted for 1st year? Do you have the copy?
  2. Is it stated in writing anywhere that your work hours are 12hrs/day? Do you have any proof that you were asked to work for 12 hrs/day…………..on off days/holidays? Do you have any communication asking you to work beyond office hrs of 8/day? Do you have attendance record to prove it? Did the company issue salary slip of each month and include OT in it @ double wages? Did you ever submit OT claim?
  3. Is night shift approved for your company?
  4. Keep the appreciation mails from client safely. If your attendance is marked at client then download the approved time sheets. Is your service billed to company? If yes how much time period is billed by the company? Obtain record.
  5. Record the threat of the manager (audio/visual/witnessed/minuted) and build irrefutable record.
  6. Have you complained to HR in writing under proper acknowledgment with a copy to you? What is your complaint:: against threat by manager or biased/false appraisal?
  7. Don’t remain entangled with HR. Escalate to good offices of appointing authority, MD, Chairman preferably after consulting elders ion the family, Employee’s/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc, an able Labor Law Consultant/Service matters lawyer/Law firm…………..
  8. Are you a member of any IT/ITeS employee’s unions/ Employee’s/Trade Unions?
  9. Firm up your next venture ASAP.
  10. Don’t work for 12hrs/day. It is not at all permitted also.

Kumar...... (occupation )     29 June 2015

thank you for the information, i will contact the IT/ITES unions located in HYD soon, 

as you asked i esclated the matter to the company CEO with subject as "harassment at work place" and i mentioned in the mail that my manager is threatening me that he will file a police complaint and i did not record the threat the manager made on me, but i mentioned it in the email sent to the company CEO. 

till now there is no reply from the HR or the CEO


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