Dear Roshan,
No one should be sent out without being heard.
Please approach Conciliation authority in your juristiction , available in district -wise. Please fill the form provided by them along with supportive documents. They will send summon to both parties and do mediation process.
If not, you can file a case in labour court with the help of good advocate under section 2 (a) of Industrial Dispute Act.
You will get employment again :
1) You can be sacked while you are on medical leave for longer period, without being heard.
2) No one can stop the salary payment.
3) This act amounts to Retrenchment.
Kindly plead for re-instatement and my best wishes for you.
God will save your health and you will regain your status.
High regards,
T Muralidaran
09500092586
From India, Hosur
13No one should be sent out without being heard.
Please approach Conciliation authority in your juristiction , available in district -wise. Please fill the form provided by them along with supportive documents. They will send summon to both parties and do mediation process.
If not, you can file a case in labour court with the help of good advocate under section 2 (a) of Industrial Dispute Act.
You will get employment again :
1) You can be sacked while you are on medical leave for longer period, without being heard.
2) No one can stop the salary payment.
3) This act amounts to Retrenchment.
Kindly plead for re-instatement and my best wishes for you.
God will save your health and you will regain your status.
High regards,
T Muralidaran
09500092586
From India, Hosur
Dear Damodar,
Fortnight ago, you had raised your post and you had received sufficient advice by senior members. The link of your last post is as below:
https://www.citehr.com/478886-i-got-...mises-but.html
Now what is the logic of raking up the same issue again? By posting the same subject again, will any company give you any job? Our sympathies do not work beyond a point. Therefore, I urge you to stop this self-depreciation and start working on building your career de novo.
All the best!
Dinesh V Divekar
From India, Bangalore
Fortnight ago, you had raised your post and you had received sufficient advice by senior members. The link of your last post is as below:
https://www.citehr.com/478886-i-got-...mises-but.html
Now what is the logic of raking up the same issue again? By posting the same subject again, will any company give you any job? Our sympathies do not work beyond a point. Therefore, I urge you to stop this self-depreciation and start working on building your career de novo.
All the best!
Dinesh V Divekar
From India, Bangalore
Dear Roshan,
You can approach labour authority/ Labour Tribunal/ Labour Court and as well as other courts for reinstatement & compensation in the said case. Such termination shall be considered as illegal termination in the eyes on law.
From India, New Delhi
You can approach labour authority/ Labour Tribunal/ Labour Court and as well as other courts for reinstatement & compensation in the said case. Such termination shall be considered as illegal termination in the eyes on law.
From India, New Delhi
Dear Roshan
I have merged this, with your earlier thread; as the matter is the same and is being further continued.
You have already been suggested earlier that you can seek relief under the Employees Compensation Act, for injuries arising during and in the course of employment.
Moreover, you may file a Civil suit for damages and compensation.
However, it is imperative that you take the services of a good lawyer.
At this point of time you need PROFESSIONAL LEGAL HELP.
Your lawyer will give you the best advice and also help in proceeding with the required action.
Wish you all the best in securing a landmark judgement, that will also help others in a similar situation.
Warm regards.
From India, Delhi
I have merged this, with your earlier thread; as the matter is the same and is being further continued.
You have already been suggested earlier that you can seek relief under the Employees Compensation Act, for injuries arising during and in the course of employment.
Moreover, you may file a Civil suit for damages and compensation.
However, it is imperative that you take the services of a good lawyer.
At this point of time you need PROFESSIONAL LEGAL HELP.
Your lawyer will give you the best advice and also help in proceeding with the required action.
Wish you all the best in securing a landmark judgement, that will also help others in a similar situation.
Warm regards.
From India, Delhi
This has been a good discussion. Yes, there are pros and cons to bringing out the company's name and I think the moderator's are doing good. In fact, the way the member has repeated his post combined with his (now deleted) response also gives rise to a concern about the veracity of the claims in the first place. request all to note that in most cases on this forum, we are hearing only one side of the story. Without casting aspersions on the legitimacy of this query or others, I would also like to warn each of us about the risk of social media being misused to score personal agendas. Roshan has made the same post in other forums too. Yet, for 14 months he neither raised stink nor spoke to a lawyer about his predicament.
Though I am well aware about the way most of these big companies treat their people (and most of it is not nice) - I would still like to see people exercise restraint in running down the employees without really knowing both sides. This story is now google able, and if it is not true, then we would have maligned the employees without reason.
Having repeated what I said, I also would love to take these biggies on if what Roshan says is true.
From India, Mumbai
Though I am well aware about the way most of these big companies treat their people (and most of it is not nice) - I would still like to see people exercise restraint in running down the employees without really knowing both sides. This story is now google able, and if it is not true, then we would have maligned the employees without reason.
Having repeated what I said, I also would love to take these biggies on if what Roshan says is true.
From India, Mumbai
I had no B.P, Diabetic, non-smoker and I am an sportsman (Football player)..the only reason I & my doctors see is work pressure..I used work for 14-15 hrs on Thursdays & Fridays...I got brain stroke on Wednesday....due to fear of Thursday & Friday...company will blame me only...but I have evidence to prove that there harassed me..
From India, Hyderabad
From India, Hyderabad
Yes I got my final settlement amount but it was done after manager took my resignation. My manager took my user id & password and typed my resignation, as I was not able use my laptop. No, I'm still not recovered. I can't move myself anywhere because of paralysis, that the reason why I had not contacted any advocate. And I effort fee to advocate too frankly speaking. The company's procedure state's some thing different and the management acted differently. "MY CONDITION NOT GOOD, I HAVE TO LIVE A LIFE AS A DISABLED".
From India, Hyderabad
From India, Hyderabad
Dear Roshan
Normally the F&F Settlement will be done only after termination/retirement/resignation and not while on service. You are accepting that you are not fully recovered from stroke and still you are confessing that you cannot move alone due to paralysis and how you can expect that any company can keep you for more period without any productivity or work. If you can justify about the happenings, then you can claim. This brain stroke is not due to any accident, it has happened only due to your health problem and not due to or during the course of work.
Even the Government organisations never keep such staff for long duration. How can we expect any private organisation to keep the sick employee for longer duration. If they do so, then the organisation will have more patients and less working staff.
In your earlier post you mentioned that you were working 14 to 15 hours on Thursdays & Fridays. No company will ask any staff to work beyond certain time period. Further it is surprising to note that you never made any objection to do work beyond your regular working hours. Normally in case of any Inspection/Audit the company will work beyond the normal working hours. But regularly working beyond 14 to 15 hours is not acceptable. Further others can think that you are not a capable person to finish your given task in the given time limit. Hence you are sitting for late night in office.
Please do not feel I am talking against you. Please think from their side also. Now only thing you can do is talk to your ex-employer to consider your re-employment on sympathetic grounds according to your present working capacity, so that you can lead your life without depending on others.
From India, Kumbakonam
Normally the F&F Settlement will be done only after termination/retirement/resignation and not while on service. You are accepting that you are not fully recovered from stroke and still you are confessing that you cannot move alone due to paralysis and how you can expect that any company can keep you for more period without any productivity or work. If you can justify about the happenings, then you can claim. This brain stroke is not due to any accident, it has happened only due to your health problem and not due to or during the course of work.
Even the Government organisations never keep such staff for long duration. How can we expect any private organisation to keep the sick employee for longer duration. If they do so, then the organisation will have more patients and less working staff.
In your earlier post you mentioned that you were working 14 to 15 hours on Thursdays & Fridays. No company will ask any staff to work beyond certain time period. Further it is surprising to note that you never made any objection to do work beyond your regular working hours. Normally in case of any Inspection/Audit the company will work beyond the normal working hours. But regularly working beyond 14 to 15 hours is not acceptable. Further others can think that you are not a capable person to finish your given task in the given time limit. Hence you are sitting for late night in office.
Please do not feel I am talking against you. Please think from their side also. Now only thing you can do is talk to your ex-employer to consider your re-employment on sympathetic grounds according to your present working capacity, so that you can lead your life without depending on others.
From India, Kumbakonam
Bhaskar - working 14-15 hours a day is quite common these days. And if junior employees complain about it, more often than not they will eventually be shunted out. That's the reality in MOST firms I know off. From what i know of IBM though, had he shared any sort of "medical" problem, IBM would have surely deputed him to a less stressful role with the caveat that the career growth path would obviously take hit. And I do not see that he shared ever with his boss that stress is making him sick. It has come out now, close to 2 years later, when my post challenged the chronology. However, being from the healthcare side of the world, I am very skeptical about a series of inconsistent claims in this entire conversation.
A few observations:
1. If indeed his stress was the reason behind his cerebral stroke, is there a causal note from his neurosurgeon/psychologist to that effect in the initial diagnosis? If yes, was this note shared with his employer?
2. Roshan says he was working from home and even going to office up to twice a week. But his resignation letter was typed by his boss since he couldn't type. What work was he doing? Was he contributing to the company, or was the company giving him a long olive branch due to his ill health?
I have a feeling the first line manager could have handled this better; but was asked to do what he did because he has to run his budgets and be answerable for productivity.
While I remain deeply sympathetic to Roshan's health and well being and pray for his recovery; this particular thread and its similar repetitions across different forums somehow seems to me to be a desperate way to push IBM to be more benevolent.
Boss if you have evidence to prove your company harassed you, then you already know what you can do and what you should do. Please do that and share with us the results so that each of us can learn from it, avoid making similar mistakes, and also help others gather evidence the way you have so that they are not victimised.
From India, Mumbai
A few observations:
1. If indeed his stress was the reason behind his cerebral stroke, is there a causal note from his neurosurgeon/psychologist to that effect in the initial diagnosis? If yes, was this note shared with his employer?
2. Roshan says he was working from home and even going to office up to twice a week. But his resignation letter was typed by his boss since he couldn't type. What work was he doing? Was he contributing to the company, or was the company giving him a long olive branch due to his ill health?
I have a feeling the first line manager could have handled this better; but was asked to do what he did because he has to run his budgets and be answerable for productivity.
While I remain deeply sympathetic to Roshan's health and well being and pray for his recovery; this particular thread and its similar repetitions across different forums somehow seems to me to be a desperate way to push IBM to be more benevolent.
Boss if you have evidence to prove your company harassed you, then you already know what you can do and what you should do. Please do that and share with us the results so that each of us can learn from it, avoid making similar mistakes, and also help others gather evidence the way you have so that they are not victimised.
From India, Mumbai
I was in evening shift, when I brain stroke. I brought a medical certificate for day shift that clear says that I can not take any stress. I was able to run automated reports & standard reports. Company had not given me alternative job but made me to resignation without paying any compensation.
From India, Hyderabad
From India, Hyderabad
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