Hi all,
I was terminated from my job as an HR Executive with Mahindra Satyam BSG without any prior notice simply because I did not show up to the office during a week off. This occurred only once when there was no public or private transportation available due to the Telangana issue in Hyderabad city. They also failed to provide my salary and other benefits like ESI and PF. This incident took place in September 2011. Despite numerous emails and personal discussions with the higher management, including escalating the matter to the CEO, I have not received my dues.
I now intend to pursue legal action. Therefore, I kindly request assistance regarding the procedures and relevant labor laws.
Thanks and Regards,
Dikshit T G S
From India, Hyderabad
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37I was terminated from my job as an HR Executive with Mahindra Satyam BSG without any prior notice simply because I did not show up to the office during a week off. This occurred only once when there was no public or private transportation available due to the Telangana issue in Hyderabad city. They also failed to provide my salary and other benefits like ESI and PF. This incident took place in September 2011. Despite numerous emails and personal discussions with the higher management, including escalating the matter to the CEO, I have not received my dues.
I now intend to pursue legal action. Therefore, I kindly request assistance regarding the procedures and relevant labor laws.
Thanks and Regards,
Dikshit T G S
From India, Hyderabad
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Dear,
How long did you serve there? However, you have every right to defend yourself. First of all, you will have to issue a legal notice under AckDue and follow up with a complaint to your Labour Enforcement Officer for raising an Industrial Dispute, etc. Also, claim the transfer of PF, gratuity/bonus/leave encashment, and compensation from your present employer (if not employed). Wait until the case is settled. Keep all your records and documents safely.
With wishes,
kumar.s.
From India, Bangalore
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How long did you serve there? However, you have every right to defend yourself. First of all, you will have to issue a legal notice under AckDue and follow up with a complaint to your Labour Enforcement Officer for raising an Industrial Dispute, etc. Also, claim the transfer of PF, gratuity/bonus/leave encashment, and compensation from your present employer (if not employed). Wait until the case is settled. Keep all your records and documents safely.
With wishes,
kumar.s.
From India, Bangalore
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Hello Mr. Kumar,
Thank you for the response. I lodged a complaint with the Asst. Commissioner of Labour and am awaiting a response from them. However, I have not issued any legal notice as my ex-employer threatened to blacklist my candidature if I do so.
Additionally, my employer never provided me with my PF Account Number. I truly doubt if they ever deposited anything into the account. How can I cross-check this?
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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Thank you for the response. I lodged a complaint with the Asst. Commissioner of Labour and am awaiting a response from them. However, I have not issued any legal notice as my ex-employer threatened to blacklist my candidature if I do so.
Additionally, my employer never provided me with my PF Account Number. I truly doubt if they ever deposited anything into the account. How can I cross-check this?
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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Dear Dikshit,
First of all, PF is the first legal requirement any employer has to comply with from the very first day of an employee joining duty. Therefore, you should send a registered letter to your HR, with a copy to the MD or any other senior person in charge of administration, requesting them to provide your PF/ESI Account Number. Also, ask for a statement of your account with particulars of PF/ESI deposited with government authorities, unpaid salary, or any other dues, etc. Give only a 15-day notice. If no reply is received, immediately send a complaint letter attaching copies of your appointment letter, pay slip, and any other relevant documents to substantiate your employment in that firm.
In that letter, also warn them not to threaten you with actions like "blacklisting," and clearly state that any further such actions will result in you lodging a criminal complaint under IPC with the police, etc.
For all correspondences and form submissions, make sure you obtain copies with proper acknowledgment. If they refuse to acknowledge, send advance copies by registered post with acknowledgment due.
Pursue this vigorously. For guidance, you may consult a suitable advocate. If you were a member of your Labor Union, you may also seek their assistance if they are sincere.
A word of caution to you - handle this matter very carefully. I suggest these steps with the assumption that you have not engaged in any unlawful activities. Without prejudice.
Relevant labor laws to consider include the Payment of Wages Act, Industrial Disputes Act, PF/ESI/Gratuity Act, your service conditions (Standing Orders), Fundamental Rights & Contract Act, IPC, etc.
Regards,
Kumar S.
From India, Bangalore
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First of all, PF is the first legal requirement any employer has to comply with from the very first day of an employee joining duty. Therefore, you should send a registered letter to your HR, with a copy to the MD or any other senior person in charge of administration, requesting them to provide your PF/ESI Account Number. Also, ask for a statement of your account with particulars of PF/ESI deposited with government authorities, unpaid salary, or any other dues, etc. Give only a 15-day notice. If no reply is received, immediately send a complaint letter attaching copies of your appointment letter, pay slip, and any other relevant documents to substantiate your employment in that firm.
In that letter, also warn them not to threaten you with actions like "blacklisting," and clearly state that any further such actions will result in you lodging a criminal complaint under IPC with the police, etc.
For all correspondences and form submissions, make sure you obtain copies with proper acknowledgment. If they refuse to acknowledge, send advance copies by registered post with acknowledgment due.
Pursue this vigorously. For guidance, you may consult a suitable advocate. If you were a member of your Labor Union, you may also seek their assistance if they are sincere.
A word of caution to you - handle this matter very carefully. I suggest these steps with the assumption that you have not engaged in any unlawful activities. Without prejudice.
Relevant labor laws to consider include the Payment of Wages Act, Industrial Disputes Act, PF/ESI/Gratuity Act, your service conditions (Standing Orders), Fundamental Rights & Contract Act, IPC, etc.
Regards,
Kumar S.
From India, Bangalore
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Hi Kumar,
Thanks for the response. It's nice to hear from you again.
As a part of the HR team, a registered post with acknowledgment due has been sent to my reporting manager (Asst. Manager - HR), skip-level manager (Manager - HR), Head HR (Vice President - HR), and the CEO of the company. However, I have not received any response from them for the past two months. They have not provided me with my PF account number either. Consequently, a complaint has been filed with the ACL (Assistant Commissioner of Labour).
I would like to point out that they have not issued anything in writing to me (neither termination orders, absconding notice, nor resignation papers). Nevertheless, they have deactivated all my accesses (such as ID card, swipe access, official email, etc.), indicating that I am not permitted entry. Can I request them to pay my salary up to date?
I am currently looking for a lawyer who can represent me in this matter. Once I engage a suitable advocate, all legal procedures will be set in motion. I aim to have all groundwork completed by the time I secure legal representation.
Once again, thank you for your attention.
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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Thanks for the response. It's nice to hear from you again.
As a part of the HR team, a registered post with acknowledgment due has been sent to my reporting manager (Asst. Manager - HR), skip-level manager (Manager - HR), Head HR (Vice President - HR), and the CEO of the company. However, I have not received any response from them for the past two months. They have not provided me with my PF account number either. Consequently, a complaint has been filed with the ACL (Assistant Commissioner of Labour).
I would like to point out that they have not issued anything in writing to me (neither termination orders, absconding notice, nor resignation papers). Nevertheless, they have deactivated all my accesses (such as ID card, swipe access, official email, etc.), indicating that I am not permitted entry. Can I request them to pay my salary up to date?
I am currently looking for a lawyer who can represent me in this matter. Once I engage a suitable advocate, all legal procedures will be set in motion. I aim to have all groundwork completed by the time I secure legal representation.
Once again, thank you for your attention.
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
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I believe the process has begun, and you should also file a formal complaint with the Regional PF Commissioner in your area. If you have a designated disciplinary authority under your Standing Orders, submit a detailed letter for their prompt action.
All the best,
Kumar S.
From India, Bangalore
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All the best,
Kumar S.
From India, Bangalore
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i know a v good advocate in this field, as being an HR i often face such problems... u can contact advocate_renu at yahoo.co.in
From India, Delhi
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From India, Delhi
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Dear Dikshit,
I can help you in this case. Please email me details such as a copy of the appointment letter, correspondences, if any, from your company, and a detailed write-up on the incidents date-wise. I will ensure that your communication is responded to within the shortest possible time by your company in case I find that you are right.
From India, Thana
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I can help you in this case. Please email me details such as a copy of the appointment letter, correspondences, if any, from your company, and a detailed write-up on the incidents date-wise. I will ensure that your communication is responded to within the shortest possible time by your company in case I find that you are right.
From India, Thana
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Dikshit ,I’m also a victim of MSat.Can you pls post your number pls?Let us talk.I’m facing this issue from Nov 2011...
From United States, Littleton
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From United States, Littleton
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Dear Dikshit,
As an HR executive, you would have known the policies and procedures of the organization. Unless there is a mistake or problem from an employee, the company will not terminate an employee. How could a reputed company do this?
Did they send you any warning letter or termination letter? Were you in probation? If you are a permanent employee, are there any performance issues? How many days of leave did you take?
Did you inform the company about the problem when you could not make it to work? Did you inform your manager about your leave over the phone? What was the relationship you had with your reporting boss and why did he not support you when the action was taken?
Thank you.
From India, Mumbai
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As an HR executive, you would have known the policies and procedures of the organization. Unless there is a mistake or problem from an employee, the company will not terminate an employee. How could a reputed company do this?
Did they send you any warning letter or termination letter? Were you in probation? If you are a permanent employee, are there any performance issues? How many days of leave did you take?
Did you inform the company about the problem when you could not make it to work? Did you inform your manager about your leave over the phone? What was the relationship you had with your reporting boss and why did he not support you when the action was taken?
Thank you.
From India, Mumbai
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