Thank you sir for the reply.
After my followup email to the HR Director, he has replied that he will meet me next week. However, in the past as well after the meeting they have pushed things to the next week and did not take any decision. I am not sure if this time around they will give any solution.
I had met the Deputy Commissioner of the Labour department, he told me that he can send a notice to the employer, however as I am earning above 10,000 a month, the case has to be handled by the Civil court and not Labour.
What should I do, send the resignation irrespective of the meeting to be held or wait as to what happens in the meeting?
From India, Bangalore
After my followup email to the HR Director, he has replied that he will meet me next week. However, in the past as well after the meeting they have pushed things to the next week and did not take any decision. I am not sure if this time around they will give any solution.
I had met the Deputy Commissioner of the Labour department, he told me that he can send a notice to the employer, however as I am earning above 10,000 a month, the case has to be handled by the Civil court and not Labour.
What should I do, send the resignation irrespective of the meeting to be held or wait as to what happens in the meeting?
From India, Bangalore
Dear BD Mehta,
Notice from Labour Commissioner is always the right path to follow. Nothing wrong if you tell them to send the notice. After keeping you under suspension for months together, if HR Director says that he will handle your case in the next week then it only goes on to show how much sensitivity he attaches to the issue. If HR Director postpones the meeting, it should work to your advantage.
Keep the evidence of his communication. If you have evidence of the past communication, let it be included in the notice from Labour Office.
Do not resign at this stage as resignation could weaken your case. Wait at least till the tripartite meeting happens. Have they paid you any subsistence allowance? You have not mentioned that. Non-payment of wages is one single weapon through which you can beat the other side down. It cannot stand scrutiny of the law in any case.
In response to the notice from labour office, your company has to present their case. Labour officer will give verdict, however it is not binding on the either party. If you are not satisfied with the verdict given by labour office then you are free to adopt course of litigation.
Going to the labour office is trying to settle the issue through proper channel. Court will surely look into this factor. However, be it known that course of litigation is quite time consuming. Even if you win, the victory may not bring cheer on your face. In India, slow pace of litigation kills the spirit of justice.
By the way, there could be possibility of your management developing cold feet on receipt of the notice from labour office. During the tripartite meeting, be calm, be polite but be firm. Do not sell out yourself. Bargain as much as possible. Tell them to reinstate you, tell them to pay you all the back wages with interest and revoke the suspension.
One more bargaining tactic, you may tell them that you could file supplementary case for mental harassment caused out of non-payment of wages.
If they do not agree then tell them to pay you till the date of negotiation and obtain agreement to issue the employment-cum-service certificate without any negative remarks.
In such cases, generally labour officer's stand supposed to be neutral. However, they are known to tilt in workman's favour. Take advantage of that explore possibility of making him your spokesperson.
All the best!
Dinesh Divekar
From India, Bangalore
7879Notice from Labour Commissioner is always the right path to follow. Nothing wrong if you tell them to send the notice. After keeping you under suspension for months together, if HR Director says that he will handle your case in the next week then it only goes on to show how much sensitivity he attaches to the issue. If HR Director postpones the meeting, it should work to your advantage.
Keep the evidence of his communication. If you have evidence of the past communication, let it be included in the notice from Labour Office.
Do not resign at this stage as resignation could weaken your case. Wait at least till the tripartite meeting happens. Have they paid you any subsistence allowance? You have not mentioned that. Non-payment of wages is one single weapon through which you can beat the other side down. It cannot stand scrutiny of the law in any case.
In response to the notice from labour office, your company has to present their case. Labour officer will give verdict, however it is not binding on the either party. If you are not satisfied with the verdict given by labour office then you are free to adopt course of litigation.
Going to the labour office is trying to settle the issue through proper channel. Court will surely look into this factor. However, be it known that course of litigation is quite time consuming. Even if you win, the victory may not bring cheer on your face. In India, slow pace of litigation kills the spirit of justice.
By the way, there could be possibility of your management developing cold feet on receipt of the notice from labour office. During the tripartite meeting, be calm, be polite but be firm. Do not sell out yourself. Bargain as much as possible. Tell them to reinstate you, tell them to pay you all the back wages with interest and revoke the suspension.
One more bargaining tactic, you may tell them that you could file supplementary case for mental harassment caused out of non-payment of wages.
If they do not agree then tell them to pay you till the date of negotiation and obtain agreement to issue the employment-cum-service certificate without any negative remarks.
In such cases, generally labour officer's stand supposed to be neutral. However, they are known to tilt in workman's favour. Take advantage of that explore possibility of making him your spokesperson.
All the best!
Dinesh Divekar
From India, Bangalore
Dear Sir,
I thank you for the reply and valuable guidance.
I am hoping that the meeting on 29th with the HR Director will be fruitful and I get a clean closure.
How much it will affect my future prospects to work for MNCs if I go legal?
From India, Bangalore
I thank you for the reply and valuable guidance.
I am hoping that the meeting on 29th with the HR Director will be fruitful and I get a clean closure.
How much it will affect my future prospects to work for MNCs if I go legal?
From India, Bangalore
Today, during the meeting the EVP - HR has awarded me a show cause notice with the same points that were discussed during the interrogation that the third party audit team had done. I need to reply to it in 5 working days. Though my lawyer is assisting me to draft a reply, I would like to know your thoughts.
What legal options do I have? Can a company behave in this manner and also not pay the salary?
EVP told me that depending on my reply to the Show Cause notice, they will take a final decision. As it may have financial implications, they are not paying me the salary, however verbally he has allowed me to take up freelancing work.
Your reply will be of a great support.
attribution https://www.citehr.com/private.php?d...#ixzz33DCyPkgL
From India, Bangalore
What legal options do I have? Can a company behave in this manner and also not pay the salary?
EVP told me that depending on my reply to the Show Cause notice, they will take a final decision. As it may have financial implications, they are not paying me the salary, however verbally he has allowed me to take up freelancing work.
Your reply will be of a great support.
attribution https://www.citehr.com/private.php?d...#ixzz33DCyPkgL
From India, Bangalore
Dear BD Mehta,
What is the verbatim of the show cause notice? You could have mentioned it here. Unless we know the contents of the show cause notice, no suggestions can be given as such.
Thanks,
Dinesh Divekar
From India, Bangalore
What is the verbatim of the show cause notice? You could have mentioned it here. Unless we know the contents of the show cause notice, no suggestions can be given as such.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Sir,
Here is the verbatim used in the notice.
It has been ascertained that you have been involved with the following:
L. Engaging in activities which are in conflict of interest with company Business
2. Soliciting business while employed with the company
3. Misuse of company assets and resources for purposes not related to your work
4. Unauthorised sharing of proprietary data
5. Carrying out business deals while employed with the company
From India, Bangalore
Here is the verbatim used in the notice.
It has been ascertained that you have been involved with the following:
L. Engaging in activities which are in conflict of interest with company Business
2. Soliciting business while employed with the company
3. Misuse of company assets and resources for purposes not related to your work
4. Unauthorised sharing of proprietary data
5. Carrying out business deals while employed with the company
From India, Bangalore
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