Hello Every one,
I am working in a small software product company.I have joined in March this year. Unfortunately I am not keeping well since end of June 2014 for acute pain in spinal cord.So I had to take on and off leave for few days.In the month of Aug my company enquired trough HR for the genunity of the sickness to me so I have submitted all details of my Doctors,prescriptions,bills,invoices of admission in hospitals.reports etc to let them know the situation.But in the month of September after working for initial 7 days I could not go to office due to my health reason .I am seeing doctor regularly and I have all related documents.I have time to time communicate to my supervisors and Hr over telephone and smses. But now they with held my last month salary though they have issued payslip and kept on threatening me to join the office and they want me to work for few days to clear my last dues.I had been working in big Indian IT firms and MNCs previously.
Now my question is
1>Can they really do this to a sick person where I have provided all medical prescriptions and detail reports.
2>Legally can I go and file an FIR? if yes then where ? Nearby police station or Labour office.?
3>Now if in this situation if I resign do I need to serve notice period of 3 month(I assume they will never release me before 3 month with continuous torture).
4>In that case will they further not pay me my dues if I do not serve notice period.
I donot runaway without resigning as I have done nothing wrong I feel.I need the money if possible as I am spending huge amount in my recovery.
please let me know ....hope to get a reply soon.
From India, Pune
I am working in a small software product company.I have joined in March this year. Unfortunately I am not keeping well since end of June 2014 for acute pain in spinal cord.So I had to take on and off leave for few days.In the month of Aug my company enquired trough HR for the genunity of the sickness to me so I have submitted all details of my Doctors,prescriptions,bills,invoices of admission in hospitals.reports etc to let them know the situation.But in the month of September after working for initial 7 days I could not go to office due to my health reason .I am seeing doctor regularly and I have all related documents.I have time to time communicate to my supervisors and Hr over telephone and smses. But now they with held my last month salary though they have issued payslip and kept on threatening me to join the office and they want me to work for few days to clear my last dues.I had been working in big Indian IT firms and MNCs previously.
Now my question is
1>Can they really do this to a sick person where I have provided all medical prescriptions and detail reports.
2>Legally can I go and file an FIR? if yes then where ? Nearby police station or Labour office.?
3>Now if in this situation if I resign do I need to serve notice period of 3 month(I assume they will never release me before 3 month with continuous torture).
4>In that case will they further not pay me my dues if I do not serve notice period.
I donot runaway without resigning as I have done nothing wrong I feel.I need the money if possible as I am spending huge amount in my recovery.
please let me know ....hope to get a reply soon.
From India, Pune
Your 'small software product company' would have small HR policies and that is why they are not able to adjust with and follow the big Indian and MNC companies you worked previously. Your apprehensions are genuine. Before you ask for the 7 days salary you have earned by working in your company, you should ask yourself what would be your stand if you were in the position of the employer and if you go back back to your attendance during the short period from march 2014 (you joined) till now in general and the period from which you fell sick, you will understand why the company withheld your pay cheque. It is very simple that there is always an apprehension that you will not turn up. Certainly, if you are on probation the chances of the employee turning back would be rare. In such a scenario the money earned by you could only be given to you along with full and final settlement after collecting the NOCs from all the department.
Whatever said above are purely practical. Coming to legal, I would say that if you have been working in the capacity of worker ( the IT professionals would not like to be called as worker but when you want protection available under the Industrial Disputes Act or Shops and Commercial Establishments Act or the official machinery for settlement of disputes, ie, the Labour Officer, and NOT the POLICE, you should adjust yourself to be called worker, otherwise you would not have any scope under Labour Law), then you can file a petition before the District labour Officer for non payment of salary for the period you worked. If you have been denied casual leave or sick leave, then also you can file complaint before him following the relevant provisions of the Shops and Commercial Establishments Act of the state you are located. The DLO will investigate into the matter and direct the company to pay you the salary withheld. The company will definitely respond if the DLO calls him and you will get the money which would be okay for you since you have been spending a lot for your treatment.
Now, if you have been working as a manager/ supervisor with at least one employee reporting to you for any matter, then you will not get the protection available in the ID Act above referred and the DLO will not interfere in your matter. So if that is the case, you can close it down right now.
If the case is first referred and if you have decided to move against the company as per law, then also I have another practical advise. You should be bold and should not be sensitive because you would win the case but some times you may not get a good employment elsewhere in the industry. IT field is so organised that information about a candidate is available to the recruiting HR very easily and no employer would prefer to have an employee who has had a background of having filed case against the employer. Though we the HRs will always say that it is the candidate's suitability to our organisation culture and not his/her previous conducts that matters, every one hesitate to take a risk especially when the labour supply is very elastic! Therefore, think at least five times before taking action against your company.
Regards,
Madhu.T.K
From India, Kannur
4248Whatever said above are purely practical. Coming to legal, I would say that if you have been working in the capacity of worker ( the IT professionals would not like to be called as worker but when you want protection available under the Industrial Disputes Act or Shops and Commercial Establishments Act or the official machinery for settlement of disputes, ie, the Labour Officer, and NOT the POLICE, you should adjust yourself to be called worker, otherwise you would not have any scope under Labour Law), then you can file a petition before the District labour Officer for non payment of salary for the period you worked. If you have been denied casual leave or sick leave, then also you can file complaint before him following the relevant provisions of the Shops and Commercial Establishments Act of the state you are located. The DLO will investigate into the matter and direct the company to pay you the salary withheld. The company will definitely respond if the DLO calls him and you will get the money which would be okay for you since you have been spending a lot for your treatment.
Now, if you have been working as a manager/ supervisor with at least one employee reporting to you for any matter, then you will not get the protection available in the ID Act above referred and the DLO will not interfere in your matter. So if that is the case, you can close it down right now.
If the case is first referred and if you have decided to move against the company as per law, then also I have another practical advise. You should be bold and should not be sensitive because you would win the case but some times you may not get a good employment elsewhere in the industry. IT field is so organised that information about a candidate is available to the recruiting HR very easily and no employer would prefer to have an employee who has had a background of having filed case against the employer. Though we the HRs will always say that it is the candidate's suitability to our organisation culture and not his/her previous conducts that matters, every one hesitate to take a risk especially when the labour supply is very elastic! Therefore, think at least five times before taking action against your company.
Regards,
Madhu.T.K
From India, Kannur
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