Hello Guys, greetings for the day.
I here by share my harassment and trauma and seek your all advice please.
I was working for an IT company as a Business Analyst (Permanent Employee) for the past 3 yeas in B'lore until I got fired a couple of months back with out any prior information and for no fault of mine.
Long Story In Short.
. - Was hired as a Business Analyst. with XX amt as fixed pay and X amt as Variabl pay.
. - Was forced to work for Sales and get business for the company (Not Sales Support, but actual Sales in terms of getting Purchase Orders), which I did successfully (Got business worth 3 Million INR).
.- Variable pay is complete agreed amt pay (No clause of Employee and Employer Preformance is mentioned in the offer letter.)
. -No hike provided for first year and only 1/3rd of the promised variable pay given for the first year (2013-14) that too in the year (2015 Aug).(Even though the appointment letter says full annual payment)
.- Moved to different verticals in those 3 years.
.- In the second year got my first increment and the increment letter says (Your Monthly Gross salary has been revised to XX amt, All Other Terms and Conditions remain the same)
.- When I asked for my variable pay of 2014-15 this year, management says variable pay is done away with in my last increment, however the same is not communicated to me either verbally nor in any official email and nor in the appraisal letter. (In the appraisal letter the salary components are very much the same that was in my original offer letter)
.- I confronted about my variable pay being done with, with my reporting.
.- After 15 days or so, I was told my services were not required any longer and asked to resign, i said fine and resigned, after resignation the company did not allow me to serve my notice period of two months nor did they pay me any basic of those two months and are saying my F & F is 0 INR.
.- When I asked about my variable pay for the year 2014-15 they said only 1/5th of the same will be paid in my F&F , which is 45 days from the date of my last working day.
.- Its been 60 days, but yet they are not paying my F&F and I am left stranded.
.- My losses: No full variable pay paid.
Not allowed to serve my notice period.
No compensation paid for immediate releavel.
F&F not being paid on time.
I have literally been take for a ride and face this trauma for no fault of mine. Can any on suggest me if I should be taking any legal action against the company if so what should I do, please help me with a step by step suggestion. Your advice/ suggestions will be appreciated.
Thanks and Regards,
Mahesh
From India, Bengaluru
I here by share my harassment and trauma and seek your all advice please.
I was working for an IT company as a Business Analyst (Permanent Employee) for the past 3 yeas in B'lore until I got fired a couple of months back with out any prior information and for no fault of mine.
Long Story In Short.
. - Was hired as a Business Analyst. with XX amt as fixed pay and X amt as Variabl pay.
. - Was forced to work for Sales and get business for the company (Not Sales Support, but actual Sales in terms of getting Purchase Orders), which I did successfully (Got business worth 3 Million INR).
.- Variable pay is complete agreed amt pay (No clause of Employee and Employer Preformance is mentioned in the offer letter.)
. -No hike provided for first year and only 1/3rd of the promised variable pay given for the first year (2013-14) that too in the year (2015 Aug).(Even though the appointment letter says full annual payment)
.- Moved to different verticals in those 3 years.
.- In the second year got my first increment and the increment letter says (Your Monthly Gross salary has been revised to XX amt, All Other Terms and Conditions remain the same)
.- When I asked for my variable pay of 2014-15 this year, management says variable pay is done away with in my last increment, however the same is not communicated to me either verbally nor in any official email and nor in the appraisal letter. (In the appraisal letter the salary components are very much the same that was in my original offer letter)
.- I confronted about my variable pay being done with, with my reporting.
.- After 15 days or so, I was told my services were not required any longer and asked to resign, i said fine and resigned, after resignation the company did not allow me to serve my notice period of two months nor did they pay me any basic of those two months and are saying my F & F is 0 INR.
.- When I asked about my variable pay for the year 2014-15 they said only 1/5th of the same will be paid in my F&F , which is 45 days from the date of my last working day.
.- Its been 60 days, but yet they are not paying my F&F and I am left stranded.
.- My losses: No full variable pay paid.
Not allowed to serve my notice period.
No compensation paid for immediate releavel.
F&F not being paid on time.
I have literally been take for a ride and face this trauma for no fault of mine. Can any on suggest me if I should be taking any legal action against the company if so what should I do, please help me with a step by step suggestion. Your advice/ suggestions will be appreciated.
Thanks and Regards,
Mahesh
From India, Bengaluru
Dear Mahesh,
What has happened with you is unfortunate. Nevertheless, to redress your grievance, you may approach the Labour Officer (LO) of your area (where your company is located). Go there with your appointment letter and all the correspondence with you. Speak in local language with LO.
Hopefully your case will be solved. In case if it is not solved then we will see what to do further.
Non-payment of your dues apart, now about your termination. In the IT companies getting rightly skilled persons is very difficult and yet why your company should deal with you in this way is not understood. Have you given complete information about your exit? You have written that "I confronted about my variable pay being done with, with my reporting.". Confrontation mens did you have friction with your reporting Manager or any other authority? Why you did not escalate the matter?
Person joins as Busines Analyst, he is give job of sales. He does well there also. Yet company does not pay the variable pay to him. There could be something more than meets the eye.
Thanks,
Dinesh Divekar
From India, Bangalore
7884What has happened with you is unfortunate. Nevertheless, to redress your grievance, you may approach the Labour Officer (LO) of your area (where your company is located). Go there with your appointment letter and all the correspondence with you. Speak in local language with LO.
Hopefully your case will be solved. In case if it is not solved then we will see what to do further.
Non-payment of your dues apart, now about your termination. In the IT companies getting rightly skilled persons is very difficult and yet why your company should deal with you in this way is not understood. Have you given complete information about your exit? You have written that "I confronted about my variable pay being done with, with my reporting.". Confrontation mens did you have friction with your reporting Manager or any other authority? Why you did not escalate the matter?
Person joins as Busines Analyst, he is give job of sales. He does well there also. Yet company does not pay the variable pay to him. There could be something more than meets the eye.
Thanks,
Dinesh Divekar
From India, Bangalore
Hello Divekar,
Thanks for your response, appreciate it.
I do understand that my experience, that I have shared seems to much in favor of me, like as if I am trying to hide a few short comings of mine due to which I landed where I am today, but trust me that is not the case, I did take up any task given to me as a challenge to prove my self and thinking that I need to be for my company when they need me.
The organization that i worked for, unfortunately does not have any process in place and the management hierarchy is very limited. There is a CEO and CTO as top managements followed by a Practice Head and a PMO person. I was reporting directly under the practice head. The CEO would only listen to Practice head and a full stop. HR in the organization is just of the name sake.
When I say, I confronted let be me honest in saying there was a friction.
.- Firstly I was told that my variable pay was done away with and was o longer in effect after my appraisal, without any information (Verbal or written).
.- Secondly, my appraisal happened in Aug2015 and i asked for my variable pay in the month of April 2016, so for almost 8 months there was not information that the company are done away with my variable pay. It was shocking.
.- Even though in the appraisal letter there is no information about getting rid or my variable pay, finally, I was demanding my variable pay for the period Jun 2014-15 and my appraisal came to effect from Aug 2015, so i was asking for my variable pay for the time when the actual offer letter was actually valid and not for the period after my appraisal.
As the kind of professional i am, I took up the matter with HR who could not help, took it up with CTO, he brushed it away and finally with CEO even he over looked it deliberately, even after running from pillar to post I could not find a helping hand, because of this the friction happened with my reporting manager (Practice Head). Although friction was very will in the limits of professional communication/ language, the tempers were flaring.
Now where does on go without a listening ear.
Can you please suggest on future course of action available to me please.
Best Regards,
Mahesh
From India, Bengaluru
Thanks for your response, appreciate it.
I do understand that my experience, that I have shared seems to much in favor of me, like as if I am trying to hide a few short comings of mine due to which I landed where I am today, but trust me that is not the case, I did take up any task given to me as a challenge to prove my self and thinking that I need to be for my company when they need me.
The organization that i worked for, unfortunately does not have any process in place and the management hierarchy is very limited. There is a CEO and CTO as top managements followed by a Practice Head and a PMO person. I was reporting directly under the practice head. The CEO would only listen to Practice head and a full stop. HR in the organization is just of the name sake.
When I say, I confronted let be me honest in saying there was a friction.
.- Firstly I was told that my variable pay was done away with and was o longer in effect after my appraisal, without any information (Verbal or written).
.- Secondly, my appraisal happened in Aug2015 and i asked for my variable pay in the month of April 2016, so for almost 8 months there was not information that the company are done away with my variable pay. It was shocking.
.- Even though in the appraisal letter there is no information about getting rid or my variable pay, finally, I was demanding my variable pay for the period Jun 2014-15 and my appraisal came to effect from Aug 2015, so i was asking for my variable pay for the time when the actual offer letter was actually valid and not for the period after my appraisal.
As the kind of professional i am, I took up the matter with HR who could not help, took it up with CTO, he brushed it away and finally with CEO even he over looked it deliberately, even after running from pillar to post I could not find a helping hand, because of this the friction happened with my reporting manager (Practice Head). Although friction was very will in the limits of professional communication/ language, the tempers were flaring.
Now where does on go without a listening ear.
Can you please suggest on future course of action available to me please.
Best Regards,
Mahesh
From India, Bengaluru
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