Dear Senior HR Community members,
Greetings !
I would like to present my case to all of you to give your valuable views/opinion on the way forward.
I have got totally about 25 years of industrial experience in pharma field havng experience in MNCs and reputed Indian companies.
Last I had worked with a one of the well known pharma company ( Chennai) from September 2007 to May 2014. In this period for initial one year I worked in Product development dept under one of the senior person(DGM-PD) and I was designated as AGM-PD. After a year in April 2008 I was transferred to another plant which was working for MHRA accreditation designated as AGM-R&D and in the same year July 2008 I was also asked to take care off development of high value dermaceuticals reporting to Senior Vice-Pesident(operations).
In 2009 was asked to focus only on the development of high value dermaceuticals with redesignation of DGM-R&D.We started with three people and scale up the number to thirty people .During this work the company has filed lot of patents . All this patent filing and the concept of innovations were guided by one outside consultant through his reference only I had joined this company in 2007.The company had made a notarized document stating that all the concept,ideas of the innovations were originated from the consultant and he is key inventor of all the derma innovations.For one of the product the company has got patent granted from Europe,Japan etc. Meanwhile when the patent application for the same product was filed in USPTO(US patent office) the application was rejected(Feb 2014).Meanwhile the consultant who was responsible for all the ideas and innovations fell out of the company and stopped coming to the company. As I came through this person and I was briefed by MD & SVP(O)of these developments.
In fact the SVP(O)of this company threatened me of serious consequences if I maintain any working relationship with this consultant and also threatened that I could not think of even resigning.After this incident in three days time I resigned from the company citing personal reasons. I submitted the resignation letters to MD and copies to,SVP(0) and Head –HR on 1st March 2014.(My notice period was two months).But during the last week of April 2014, I was asked to extend the notice period by a month ie May 2014.During this three months I have trained the second person in the line Sr.Manager(R&D) and submitted all the documents,reports etc to him. A combined monthly report of this take over of charge was prepared jointly by the Sr.Manager & myself and submitted the copies to all stakeholders.During May 2014 mid of the month suddenly I was asked to sign a declaration form defending the patent as myself as the joint inventor ( which was rejected in US in Feb 2014).Which I refused to sign as in US if you make false declaration on oath one would be fined and penalized as per their laws).I was called to Corporate Office by Head-HR for not willing to sign the form and I have explained him the reasons with copies of USPTO definition of the inventor etc( as per the dentition I am not the inventor and I merely executed the ideas of the consultant who is the real inventor as per USPTO Definition and he is the person who can sign the declaration form.But the patent agent of the company wrongly advised the company (as the consultant has fell out with the company) making me as the joint inventor and asking me to sign the form in 24 hours , which I declined.There were oral threats from the mgt of the company that I would be made immobile from the city by filing of legal case against me. Still I did not sign the form. And I requested HR to relieve me that day itself from work as I had already completed 2.5 months of notice period(as per the appointment letter only 2 months notice period).The Head –HR requested me to continue till 31st May 2014 so that I could participate the KRA session for 2014-15 which was being conducted by HR on 23rd & 24th May 2014.Then I agreed and participated in the meeting and presented the KRAs of the dept and facilitated the setting up of KRAs of the senior staff of R&D dept. Also I completed the appraisal for the previous year(2013-14) and submitted the duly filled appraisals before the due date to HR Dept.
Then I reminded about my relieving date to Head-HR and I was called on 31st May 2014 afternoon to Corporate Office and I was presented with a charge letter (6 charges) accusing of confidentiality violation and some ficitious charges stating that my final settlement would be considerd only after some time. I submitted the company properties viz mobile & laptop to HR and requested them to acknowledge.They did not acknowledge the receipt.Then I left the office without receiving any relieving letter.
The charge letter was sent by registered post/courier to me on later date(4/06/14).Then I replied to that charge letter(signed by MD of the company) politely requesting them to settle my dues at the earliest.After that I had received another letter from Head-HR(last week of June) reiterating the same 6 charges again and company was considering to file a civil/criminal case against me.Then on last week of July 2014 I received a legal notice issued by one leading legal firm(Chennai) on behalf of the company re-iterating the 6 charges and asking me to send
1) An apology letter 2) To provide Rs 25 lakhs as compensation to loss of business incurred within 7 days of receiving the notice.
I approached a high court advocate and replied to the legal notice on 1/08/14 claiming the above ficitious/fabricated case was done to harass me to stop my hard earned dues and by refusing to provide the mandatory certificates(relieving,form-16, EPF withdrawl form,gratutity etc) company is violating the Indian constitution(freedom of choice to work anywhere) and universal human rights violation.There is no reply sofar from the legal firm or the company .Meanwhile I had received my form16 for 2013-14.Still the dues(salary for May 2014, leave encashment), relieving letter, EPF withdrawl form and gratutity etc are pending. I had sent a reminder through email on 30/08/14 .
Soliciting your expert views on the way forward.
Currently I am working as an independent consultant.
With regards,
Narayan
From India, Mumbai
3Greetings !
I would like to present my case to all of you to give your valuable views/opinion on the way forward.
I have got totally about 25 years of industrial experience in pharma field havng experience in MNCs and reputed Indian companies.
Last I had worked with a one of the well known pharma company ( Chennai) from September 2007 to May 2014. In this period for initial one year I worked in Product development dept under one of the senior person(DGM-PD) and I was designated as AGM-PD. After a year in April 2008 I was transferred to another plant which was working for MHRA accreditation designated as AGM-R&D and in the same year July 2008 I was also asked to take care off development of high value dermaceuticals reporting to Senior Vice-Pesident(operations).
In 2009 was asked to focus only on the development of high value dermaceuticals with redesignation of DGM-R&D.We started with three people and scale up the number to thirty people .During this work the company has filed lot of patents . All this patent filing and the concept of innovations were guided by one outside consultant through his reference only I had joined this company in 2007.The company had made a notarized document stating that all the concept,ideas of the innovations were originated from the consultant and he is key inventor of all the derma innovations.For one of the product the company has got patent granted from Europe,Japan etc. Meanwhile when the patent application for the same product was filed in USPTO(US patent office) the application was rejected(Feb 2014).Meanwhile the consultant who was responsible for all the ideas and innovations fell out of the company and stopped coming to the company. As I came through this person and I was briefed by MD & SVP(O)of these developments.
In fact the SVP(O)of this company threatened me of serious consequences if I maintain any working relationship with this consultant and also threatened that I could not think of even resigning.After this incident in three days time I resigned from the company citing personal reasons. I submitted the resignation letters to MD and copies to,SVP(0) and Head –HR on 1st March 2014.(My notice period was two months).But during the last week of April 2014, I was asked to extend the notice period by a month ie May 2014.During this three months I have trained the second person in the line Sr.Manager(R&D) and submitted all the documents,reports etc to him. A combined monthly report of this take over of charge was prepared jointly by the Sr.Manager & myself and submitted the copies to all stakeholders.During May 2014 mid of the month suddenly I was asked to sign a declaration form defending the patent as myself as the joint inventor ( which was rejected in US in Feb 2014).Which I refused to sign as in US if you make false declaration on oath one would be fined and penalized as per their laws).I was called to Corporate Office by Head-HR for not willing to sign the form and I have explained him the reasons with copies of USPTO definition of the inventor etc( as per the dentition I am not the inventor and I merely executed the ideas of the consultant who is the real inventor as per USPTO Definition and he is the person who can sign the declaration form.But the patent agent of the company wrongly advised the company (as the consultant has fell out with the company) making me as the joint inventor and asking me to sign the form in 24 hours , which I declined.There were oral threats from the mgt of the company that I would be made immobile from the city by filing of legal case against me. Still I did not sign the form. And I requested HR to relieve me that day itself from work as I had already completed 2.5 months of notice period(as per the appointment letter only 2 months notice period).The Head –HR requested me to continue till 31st May 2014 so that I could participate the KRA session for 2014-15 which was being conducted by HR on 23rd & 24th May 2014.Then I agreed and participated in the meeting and presented the KRAs of the dept and facilitated the setting up of KRAs of the senior staff of R&D dept. Also I completed the appraisal for the previous year(2013-14) and submitted the duly filled appraisals before the due date to HR Dept.
Then I reminded about my relieving date to Head-HR and I was called on 31st May 2014 afternoon to Corporate Office and I was presented with a charge letter (6 charges) accusing of confidentiality violation and some ficitious charges stating that my final settlement would be considerd only after some time. I submitted the company properties viz mobile & laptop to HR and requested them to acknowledge.They did not acknowledge the receipt.Then I left the office without receiving any relieving letter.
The charge letter was sent by registered post/courier to me on later date(4/06/14).Then I replied to that charge letter(signed by MD of the company) politely requesting them to settle my dues at the earliest.After that I had received another letter from Head-HR(last week of June) reiterating the same 6 charges again and company was considering to file a civil/criminal case against me.Then on last week of July 2014 I received a legal notice issued by one leading legal firm(Chennai) on behalf of the company re-iterating the 6 charges and asking me to send
1) An apology letter 2) To provide Rs 25 lakhs as compensation to loss of business incurred within 7 days of receiving the notice.
I approached a high court advocate and replied to the legal notice on 1/08/14 claiming the above ficitious/fabricated case was done to harass me to stop my hard earned dues and by refusing to provide the mandatory certificates(relieving,form-16, EPF withdrawl form,gratutity etc) company is violating the Indian constitution(freedom of choice to work anywhere) and universal human rights violation.There is no reply sofar from the legal firm or the company .Meanwhile I had received my form16 for 2013-14.Still the dues(salary for May 2014, leave encashment), relieving letter, EPF withdrawl form and gratutity etc are pending. I had sent a reminder through email on 30/08/14 .
Soliciting your expert views on the way forward.
Currently I am working as an independent consultant.
With regards,
Narayan
From India, Mumbai
Dear Senior HR community members,
From the above incident of mine, I would like to know from you
that even after 1 month of receiving my legal reply to the legal notice sent by the company do you think that the company would settle my F&F dues with relieving certificate,experience certificate and other things like gratutity,PF withdrawl etc.
If they do not respond what should be my next step ?
regards,
Narayan
From India, Mumbai
From the above incident of mine, I would like to know from you
that even after 1 month of receiving my legal reply to the legal notice sent by the company do you think that the company would settle my F&F dues with relieving certificate,experience certificate and other things like gratutity,PF withdrawl etc.
If they do not respond what should be my next step ?
regards,
Narayan
From India, Mumbai
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Settlement of dues of decesased employee.pdf
Employee Appraisal Form new.doc