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Saurav (Self)     15 May 2015

Urgent need attaention!

Dear All,

I have worked hard within the company & was also a whistle blower when i reported to the management that my line manager is wasting time by watching movies & listening to song, Now instead of taking action againt Manager they fired me without any salary, I have sent them legal notice but no reply, I reported the matter to police no action, I have come to this forum for help

An over view about the comany located in Gurgaon

 

Filed complaint against the above mentioned persons,

1)      I  was appointed as a consultant and joined services on 02/Dec/13 for which I had received the terms and conditions on the employment letter dated 17/Dec/13.

2)      That initially my salary was Rs. 28,000/- which was gradually increased to Rs. 33,000/-  and the last drawn salary was Rs 32,500/-

3)      On 02/Jan/2015 I fall ill was operated upon & the same was informed to the key manager Mr.  George

4)      That after recovering from the illness, I went to office to join services and I was informed that my name has been removed and was being treated as absconding.

5)      That the removal of my name is an arbitrary act on their part, as no prior notice was ever issued to me before removing my name from the rolls.

6)      This is a arbitrary act on their part, Since has time and again being apprising them about the working conditions of Line Manager, who has been wasting precious time by watching movies and listening to songs during office hours

7)      I have not been paid the salary for the period of December 2014 & January 2015

8)      Since the company has been arbitrarily deducting the salary from my half day leave and even full day leave this is a clear violation of the terms & conditions as specified in the letter dated 12/dec/2013

9)      That the company has never paid the full salary for the months and have deducted salary for days together inspite of the best efforts and being sincere towards my duties, so the company is liable to pay arrears of the salary which they have wrongly deducted.

10)   That the company is liable to pay salary for the month of December 2014 and January 2015 along with arrears of the salary since December 2013 which you they have wrongly deducted from the salary,

11)   Since the company has failed to reply on the legal notice dated 16/feb/2015 

Under the aforementioned circumstances, I hereby filing a complaint  action against the company ,

 

Kind Regards,



Learning

 16 Replies

bsrao   15 May 2015

Please approach the labour commissioner with your grievance, 

Saurav (Self)     15 May 2015

HI,

Thanks for the reply can pls guide,

with the address of labour court with a sample complaint documents required, if possible

 

 

 

advocate nitin kumar (lawyer)     15 May 2015

mr saurav when you were in the hospital then you should have informed the company through proper channel and you should have claimed the insurance cover provided by the compnay (in case they provided insurance cover)

because that way they could have got the information and confirmation as well.

no company can strike off the name of their employee from the roll on falling sick, paying full salalry during that period is a different issue altogheter. kindly go through the rules and regulations/ terms and conditions of the job given to you when you were hired.

 

i guess the labor court is in panchayat bhawan, sona/sohna road gurgaon (cross check and confirm then only go) because it was a long time since i went there, they might have shifted the lobor court or so.

and you need to settle your job issue first then after that complain about the what other employees are doing. consult a good lawyer and get the issue resloved.

labor court will help you in this matter and the legal notice sent to the company must be through advocate only.

hope that helped

Saurav (Self)     16 May 2015

Dear Sir, It is incorrect that i m asking a company to pay during hospitalisation, what actually i am asking for is the salary of the days i have worked , which has been kept by the company, I stay in delhi however comany is in gurgaon,

Pls advice (i)Can't i file a suit before labour commisoner nearby to my residence, (ii) A sample suit/case to be filed before court

Regards,

Saurav

 

 

 

 

Dr J C Vashista (Lawyer)     16 May 2015

Consult and engage a local lawyer for proceeding in a professional manner.

1 Like

advocate nitin kumar (lawyer)     16 May 2015

gurgaon and delhi not too far away 

the cause of action arises in the place where your company is situated.

so file case in the gurgaon labor court, i already sent you the address

 

and please for format and filing contact some lawyer who is ready to understand your problem and demanding reasonable fee.

 

let the professionls handle your problem 

hope that helped

Kumar Doab (FIN)     16 May 2015

Termiantion during sickness is bad order!

You should provide full information!

What is this establishment: Commercial,Industrial?

What is its line of business:IT,IteS,banking etc?

How many persons are employed in it?

The Redg Office,Corporate Office of the company is located in which state?

Does it have an office in Delhi e.g. Branch Office?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?

 

Did you inform sickness to manager in writing under proepr acknowledgment Or do you have any record of information been sent? How did you inform the sickness; by phone/SMS/Email/letter/messanger/by normal post?

Did company supply any communication under proepr acknowledgment on record to you for absenting/absconding/abstaining?

Did company supply any show cause notice, conduct inquiry and thus provide opportunity of natural justice?

Do you have certified copies of sickness, admission,operation,medical certificate for bes rest,fitness certificate?

Has the company supplied any termination order?

Have you replied to the company in writing under peoper acknowledgment?

 

The termiantion, charge of abscondment shall continue to haunt you in future too and affect your future employment too. You shouild contest it and it should be called back.

 

  

 

Saurav (Self)     16 May 2015

Hi,

This company is full of malpractice,

What is this establishment: Commercial

What is its line of business: UK Travel

Corporate Office of the company is located in Delhi

This is a UK based company has approx 500 employee woking in Gurgoan,India

I know its not the labour laws they have brken but many other laws including evasion on Taxes, purchase of building, no GPS on cabs, this is just a tip of iceburg, 10 yrs ago they had were very small but not their profit has increased to 20 times in just few years,

They deduct half day salary if your break exceed to more than an hour in a 9 hr shift,

They deduct 3 day salary if you are taking a unapproved off on weekends,

They deduct 2 day salary if you are taking a unapproved off on weekdays,

They deduct 5 day salary if you are taking a off on holi,diwali,new year,

They deduct 2 day salary if you are taking off on 26jan,15 aug,

I tell you a faceoff incident one of a employee came to office in his car then after completeing his sihft he went to rishikesh with his friends leaving the car parked in co parking, unfortunately he got drowned thier,

When comany came to know about it they broke the glasses of his car & thrown it out of the building rather that any help,

 

 

 

Kumar Doab (FIN)     16 May 2015

If you answer all points raised then some proper resoloution might be possible.

 

Answer all points, pointwise.

Saurav (Self)     16 May 2015

Hi,

This company is full of malpractice,

What is this establishment: Commercial

What is its line of business: UK Travel

Corporate Office of the company is located in Delhi

This is a UK based company has approx 500 employee woking in Gurgoan,India , Corporate Office of the company is located in Delhi

What was your designation and nature of duties?-- Travel Consultant & booking of Tickets from UK

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?-- Yes, I have appointment letter but no notice was sent to me via post before termination

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it? ---No such CO (certified standing Orders)

Did you inform sickness to manager in writing under proepr acknowledgment Or do you have any record of information been sent? How did you inform the sickness; by phone/SMS/Email/letter/messanger/by normal post? -- Yes via sms as in past

Did company supply any communication under proepr acknowledgment on record to you for absenting/absconding/abstaining?-- NO

Did company supply any show cause notice, conduct inquiry and thus provide opportunity of natural justice?-- NO

Do you have certified copies of sickness, admission,operation,medical certificate for bes rest,fitness certificate?--Yes same was given to them

Has the company supplied any termination order? ---NO

Have you replied to the company in writing under peoper acknowledgment?--Yes legal notice via advocate was sent but no reply was received

I am now planning a full fledged action against the comany not just about me & myself anymore many more face the same fate everyday

 

Dr J C Vashista (Lawyer)     17 May 2015

Consult and engage a local (Delhi) lawyer practicing in service/labour matters to proceed in a professional manner.

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

as properly advised, you may contact a local service law practicing lawyer, discuss with him the issues in detail and initiate proper legal proceedings either with the loabor commissioner or thorugh the labor court for relief and remedies.   Whistle blowers do face such discrimination across the country in almost al the sects. 

1 Like

Kumar Doab (FIN)     17 May 2015

 

You should be covered by the def. of‘Employee’ as in Shops and Coomercial estab .Act, ‘Workman’ as in ID Act, Standing Ordesr might be applicable and if not certified (CO) Model Standing Orders may apply……………………..however you should spend quality time with your able Labor Law Consultant.

 

Labor Law/Service matters is altogehter different field of law and in each city a few lawyers specialize in it and they are well known and usually such matters are reffered to them.

 

You may succeed to agitate in courts of law at Delhi.

You has informed sickness as per prevailing practices and sick leave aplication can be submitted upon joining.

You have submitted medical record of sickness. Did you obtain acknowledgment? Did you attach it with sick leave application? Do you have copies?

 

You may clarify in writing under proepr acknowledgment that you ahev already submitted ……………..on dated………………to Mr/Ms……………….at address…………

 

If you are termianted by speaking order of Termiantion then you are in employment and if you are asked not to attend office then you should narate so in writing and demand to let you attend office and perfrom your duty…………………….however demand salary on usual pay day with salary slip…………

 

Don’t remain entangled with bosses and HR and escalate to MD…………

1 Like

Saurav (Self)     18 May 2015

Hi,

 

Thank You all i ahve consulted a lawyer & looking frwoard for all legal remedies available including cornering company in Building laws, Tax evasion , environment clearence cetrificate


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