Teams that work in shifts cannot have people work 14-15 hours. Shifts, by definition, are for fixed periods since the person from the next shift would be using the same resources and am sure the company wont have him/her sitting idle... Without challenging your story, I would still like to have your employer's point of view before I offer any more suggestions. If you are convinced about your position, seniors in this forum has already suggested remedial action that you have to follow up. You have been given the same suggestions is the lawyers' forum you have posted in. With you not initiating any action, but continuing repetitive posts of similar nature; I personally feel this is just your attempt at maligning your ex-employer.
From India, Mumbai
139From India, Mumbai
I'm not trying to malign reputation of the company. I'm trying to bring true picture of MNC's , how they treat they own employees. They put advertisement internally that they are hiring disabled people, but they could not retain me. they could have put in that category. Company but no they had forcefully took my resignation through harassment. Companies simply put such to get tax exemption but realty is something. Like I already mentioned that my condition was worsen before, but now I am able walk and type with left hand.I want know whether to book a case in Labour court or Civil Court or High Court? I tried in reporting the matter to global head HR. They are sitting on my complain. The final settlement I got from the company is finished for treatment expenses.
From India, Hyderabad
From India, Hyderabad
The initial posts clearly advise your way forward. with the limited documentary evidence available here that's probably the best this forum can do. You have also received similar advice on the lawyer's forum. If you really want to take this forward legally, please meet a good lawyer and share all documents with him/her. The choice of jurisdiction/court etc. will depend on the case angle decided by your lawyer.
We wish you success in your pursuit and even faster and complete recovery from your health challenge.
...and yes. It would be unfair to generalize all MNCs under your case as scheming employee harassers. Request you to be circumspect in your allegations.
From India, Mumbai
We wish you success in your pursuit and even faster and complete recovery from your health challenge.
...and yes. It would be unfair to generalize all MNCs under your case as scheming employee harassers. Request you to be circumspect in your allegations.
From India, Mumbai
Thank you all for your suggestions..now I will definitely find a advocate ...Please help me in finding a good advocate.. I’m determined to fight for rights .
From India, Hyderabad
From India, Hyderabad
Hello Roshan,
Frankly, your lines "I'm trying to bring true picture of MNC's , how they treat they own employees...." belie your current PRIORITY--which doesn't seem to be 'how to handle your situation/case', but seems to be 'to teach this MNC a lesson', whatsoever you may say to the contrary.
Else, there doesn't seem to be any valid & realistic reason(s) why you are still continuing to post in all the Forums without acting on the issue--as many members suggested.
This is NOT to say that your situation should be ignored or doesn't deserve empathy--but self-pity & harping constantly on the injustice doesn't take you anywhere. Quite often it becomes counter-productive--i.e., counter-productive TO YOU.
Reg your late realization to find an advocate, I think you already have a way to identify one--like Executor mentioned, you have posted in a Lawyer's Forum. What best way to identify one?
The Best this Forum can do is to refer you to some of the Legal members who are active in this Forum.
But IF you are looking for some sort of a Guarantee from any member that a particular Lawyer WILL....repeat WILL.....solve all your current set of problems, then you are only escaping YOUR responsibility. Others can only guide you.....it's YOUR responsibility to TAKE THE FINAL CALL, meaning whom to hire, when to hire & on what terms, etc
I guess it would be pertinent to reiterate what Executor mentioned "It would be unfair to generalize all MNCs under your case as scheming employee harassers".
Just because accidents happen on the roads, you WOULDN'T STOP taking those roads....right? You ONLY TAKE CARE TO BE EXTRA CAREFUL....right?
And coming to your line about this MNC '......that they are hiring disabled people....', suggest DON'T MIX-UP things. Disability [or rather special ability] can MEAN ANYTHING & there will always be specific roles/positions that would suit one particular form of disability/special ability, but WILL NOT suit other forms.
All one can suggest is: PL for YOUR sake, DON'T swing from one end of the pendulum to the other. Begin to take the balanced/middle path--tough no doubt, in the situation you are in, but neverthless, that's THE ONLY CHOICE YOU OR ANYONE HAS in such situations. I.E., IF one wants to resolve the problem earnestly.
All the Best.
Rgds,
TS
From India, Hyderabad
Frankly, your lines "I'm trying to bring true picture of MNC's , how they treat they own employees...." belie your current PRIORITY--which doesn't seem to be 'how to handle your situation/case', but seems to be 'to teach this MNC a lesson', whatsoever you may say to the contrary.
Else, there doesn't seem to be any valid & realistic reason(s) why you are still continuing to post in all the Forums without acting on the issue--as many members suggested.
This is NOT to say that your situation should be ignored or doesn't deserve empathy--but self-pity & harping constantly on the injustice doesn't take you anywhere. Quite often it becomes counter-productive--i.e., counter-productive TO YOU.
Reg your late realization to find an advocate, I think you already have a way to identify one--like Executor mentioned, you have posted in a Lawyer's Forum. What best way to identify one?
The Best this Forum can do is to refer you to some of the Legal members who are active in this Forum.
But IF you are looking for some sort of a Guarantee from any member that a particular Lawyer WILL....repeat WILL.....solve all your current set of problems, then you are only escaping YOUR responsibility. Others can only guide you.....it's YOUR responsibility to TAKE THE FINAL CALL, meaning whom to hire, when to hire & on what terms, etc
I guess it would be pertinent to reiterate what Executor mentioned "It would be unfair to generalize all MNCs under your case as scheming employee harassers".
Just because accidents happen on the roads, you WOULDN'T STOP taking those roads....right? You ONLY TAKE CARE TO BE EXTRA CAREFUL....right?
And coming to your line about this MNC '......that they are hiring disabled people....', suggest DON'T MIX-UP things. Disability [or rather special ability] can MEAN ANYTHING & there will always be specific roles/positions that would suit one particular form of disability/special ability, but WILL NOT suit other forms.
All one can suggest is: PL for YOUR sake, DON'T swing from one end of the pendulum to the other. Begin to take the balanced/middle path--tough no doubt, in the situation you are in, but neverthless, that's THE ONLY CHOICE YOU OR ANYONE HAS in such situations. I.E., IF one wants to resolve the problem earnestly.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Roshan,
Firstly I feel sorry for whatever you've gone through, and my sincere prayers to the Almighty to bless you abundantly and help you recover at the earliest. Even before I go forward I must appeal to you to withhold the feeling that you are disabled. You could be hampered physically but that doesn't mean you are disabled. Psychologically you put yourself in a defeated state, which will not help either your recovery or your confidence.
Secondly this thread has invoked a lot of responses, by seniors, and neutralizing by moderators, offering you a lot of alternatives, and rich experience to all the others following this thread.
Now to the issue on hand. I have gone through the thread every line every detail, but just couldn't find anywhere, the position you were holding, the role your were playing and what was the tasks you were performing. I'm asking this specifically because, if you were working on high security development or were on a maintenance, for this involves your network access of servers protected and those which necessitates your presence at the workplace as remote access is generally denied. I could probably guess that you were working on development pieces which could be tested and integrated to the main modules, in which case, I do not see it reasonable not to allow you work from home. If it on a billable maintenance assignment working from home isn't allowed, as it is not possible because you will be summoned to act upon fixing bugs or issues that arise in large complex development projects.
Next question is how long were you with IBM, and was there any history preceding this incident for which you have had issues with the management (immediate or beyond). Having said this let me be candid in mentioning to you the 'puppet role' played by most HR folks (with due apologies to the entire HR community at large - as this is particularly referring to HR professionals in large multi-national organizations, and the personnel handling HR in this case may be a relatively junior person of an experience of not more than 5-7 years), in such large organizations. They can only act on what is told, should they try and argue the case of any employee being treated unfairly, be assured the HR person will be shown the door. So in this case the way the HR has handled your case isn't surprising at all. I really wonder what the compulsion was because you could have been considered be placed on the bench or redeployed on easier projects that could have helped you in all possible ways including getting back to near normalcy if not totally. To expect such gratis from US based companies is asking for the moon, especially because you belong to the third world country. They dare not do this to a native.
It would have been very nice if this issue was brought to light as someone mentioned 14 months ago as you will need a lot of documentary support, and who know how many crucial aspects that were discussed either personally or by phones etc. Seeking legal option would require all this and a high power, high character, high esteem lawyer, who can take this case up with dignity and honesty. It's possible but who would want to take this issue is a question. Some of the recent cases in the country that of Tejpal or for that matter that of Jutice Ganguly suggests that we have eminent people who can take the might of even the powerful. In this case too you will have to find one just like that. This is a case to be fought for a cause for whatever it is worth. If you find someone of this caliber and if that person has a large heart, he could forego his fee, but you may still have to shell down a fair amount of money for all other aspects of the case. This person should not be obligated whatsoever in any manner to the company in question or to any of the other constituents who could use their offices to influence the case against you.
I also saw else where in the long thread that you got the final settlement and that you are incapacitated, which is sad but just think it over in this condition you can get an accommodation in any other company only on being a 'super special guy.' I do not mean to belittle you but am suggesting that you try picking up some super skills and also think in terms of alternatives to gain support till you can be independent. A gentleman named Ramakrishnan, is paralyzed below him waist, due to an accident caused when he went to NDA Khadakvasla for selection, while performing the physical exercises. He fell down from a 10' height. An army doctor Brig. Gurbux Singh, attending to his case not only took care of his immediate treatment but also followed it up with getting permissions and sanctions along with help from philanthropist's and ensured this gentleman was living and well too, except that he can't walk. Strange quirk of fate, his sister and another close friend of his also met with accidents which incapacitate them to the same condition of operating from a wheel chair. This is not a fairy tale, nor is it a story to offer you any solace or to convince you. In fact, these three people have raised an NGO Amar Seva Snagam, near Tenkasi in Tamilnadu, which I visited in June 2012, and was amazed to see all the marvels he had created. This can inspire anyone.
In final submission i must state that there are IT multi-national organizations operating from our country which uses its rule book only, and forgets the fact that it has to depend on humans for delivery as they employ the minds, and hands of these bodies as raw material for processing their out-puts and to show a healthy balance sheet. We need to fight against this modern 'slavery' and 'discrimination.'
From India, Hyderabad
Firstly I feel sorry for whatever you've gone through, and my sincere prayers to the Almighty to bless you abundantly and help you recover at the earliest. Even before I go forward I must appeal to you to withhold the feeling that you are disabled. You could be hampered physically but that doesn't mean you are disabled. Psychologically you put yourself in a defeated state, which will not help either your recovery or your confidence.
Secondly this thread has invoked a lot of responses, by seniors, and neutralizing by moderators, offering you a lot of alternatives, and rich experience to all the others following this thread.
Now to the issue on hand. I have gone through the thread every line every detail, but just couldn't find anywhere, the position you were holding, the role your were playing and what was the tasks you were performing. I'm asking this specifically because, if you were working on high security development or were on a maintenance, for this involves your network access of servers protected and those which necessitates your presence at the workplace as remote access is generally denied. I could probably guess that you were working on development pieces which could be tested and integrated to the main modules, in which case, I do not see it reasonable not to allow you work from home. If it on a billable maintenance assignment working from home isn't allowed, as it is not possible because you will be summoned to act upon fixing bugs or issues that arise in large complex development projects.
Next question is how long were you with IBM, and was there any history preceding this incident for which you have had issues with the management (immediate or beyond). Having said this let me be candid in mentioning to you the 'puppet role' played by most HR folks (with due apologies to the entire HR community at large - as this is particularly referring to HR professionals in large multi-national organizations, and the personnel handling HR in this case may be a relatively junior person of an experience of not more than 5-7 years), in such large organizations. They can only act on what is told, should they try and argue the case of any employee being treated unfairly, be assured the HR person will be shown the door. So in this case the way the HR has handled your case isn't surprising at all. I really wonder what the compulsion was because you could have been considered be placed on the bench or redeployed on easier projects that could have helped you in all possible ways including getting back to near normalcy if not totally. To expect such gratis from US based companies is asking for the moon, especially because you belong to the third world country. They dare not do this to a native.
It would have been very nice if this issue was brought to light as someone mentioned 14 months ago as you will need a lot of documentary support, and who know how many crucial aspects that were discussed either personally or by phones etc. Seeking legal option would require all this and a high power, high character, high esteem lawyer, who can take this case up with dignity and honesty. It's possible but who would want to take this issue is a question. Some of the recent cases in the country that of Tejpal or for that matter that of Jutice Ganguly suggests that we have eminent people who can take the might of even the powerful. In this case too you will have to find one just like that. This is a case to be fought for a cause for whatever it is worth. If you find someone of this caliber and if that person has a large heart, he could forego his fee, but you may still have to shell down a fair amount of money for all other aspects of the case. This person should not be obligated whatsoever in any manner to the company in question or to any of the other constituents who could use their offices to influence the case against you.
I also saw else where in the long thread that you got the final settlement and that you are incapacitated, which is sad but just think it over in this condition you can get an accommodation in any other company only on being a 'super special guy.' I do not mean to belittle you but am suggesting that you try picking up some super skills and also think in terms of alternatives to gain support till you can be independent. A gentleman named Ramakrishnan, is paralyzed below him waist, due to an accident caused when he went to NDA Khadakvasla for selection, while performing the physical exercises. He fell down from a 10' height. An army doctor Brig. Gurbux Singh, attending to his case not only took care of his immediate treatment but also followed it up with getting permissions and sanctions along with help from philanthropist's and ensured this gentleman was living and well too, except that he can't walk. Strange quirk of fate, his sister and another close friend of his also met with accidents which incapacitate them to the same condition of operating from a wheel chair. This is not a fairy tale, nor is it a story to offer you any solace or to convince you. In fact, these three people have raised an NGO Amar Seva Snagam, near Tenkasi in Tamilnadu, which I visited in June 2012, and was amazed to see all the marvels he had created. This can inspire anyone.
In final submission i must state that there are IT multi-national organizations operating from our country which uses its rule book only, and forgets the fact that it has to depend on humans for delivery as they employ the minds, and hands of these bodies as raw material for processing their out-puts and to show a healthy balance sheet. We need to fight against this modern 'slavery' and 'discrimination.'
From India, Hyderabad
@ TSK Raman: I have total 12 years of experience. 7.6 yrs was in HSBC I had longest served. IBM was 7 months only. I had no medical problem nor had no B.P., no Diabetic, Non-smoker & moreover I am a sportsperson (Footballer). The only reason I can see is high work pressure (Proofs available). Is there any forum for MNC's, where I can report my case. Because I can't afford advocate's fee due to unemployment.
From India, Hyderabad
From India, Hyderabad
Dear Roshan,
Thanks for more data supplied, however, it still has not answered my question whether you are in Development, Maintaninace or Support (Backend/Front End), or were you into Testing, Web Designing. You have 12 years experience of which 7.6 yrs were in HSBC. How do you account for your other 4 odd yrs experience. I do not wish to risk any further guesses, as all these questions that I ask were to find out what really could be the reason that IBM treated you this way.
And when I read that you've been in IBM for just 7 months, honestly you haven't even got a relationship going fully with them. Getting an assignment and knowing the work, the people, the processes, the stakeholders, etc., takes away 3 odd months, and due to pressures of all sorts you've collapsed. While they might have felt for you, I'm sure they would have allowed a benefit of doubt, and kept postponing their decision, whether to go with you or otherwise.. I'm sure neither you nor they would have visualized the serious nature of your sudden illness and breakdown till the tests revealed it all. Naturally therefore, so if their work gets hampered and if they things are indefinite, they will want to replace you, as ultimately they are responsible for the deliverables, else they get the boot.
Please do not misunderstand me as one who works without a heart. Multi-nationals can think that way, and they would have calculated every move before they did what they did. I also suspect that they at this moment are prepared to defend themselves more than you can, despite evidences, you have or may produce.
You are right there should be a National Forum which can take up redresser cases like this like the 'consumer court' functions in terms of products. If I can think of one, NASSCOM should have spearheaded this, but a pity they don't. This actually sounds an alarm bell for 'professionals' and it's time people start thinking of one body.
Best wishes anyway Roshan for your health.
From India, Hyderabad
Thanks for more data supplied, however, it still has not answered my question whether you are in Development, Maintaninace or Support (Backend/Front End), or were you into Testing, Web Designing. You have 12 years experience of which 7.6 yrs were in HSBC. How do you account for your other 4 odd yrs experience. I do not wish to risk any further guesses, as all these questions that I ask were to find out what really could be the reason that IBM treated you this way.
And when I read that you've been in IBM for just 7 months, honestly you haven't even got a relationship going fully with them. Getting an assignment and knowing the work, the people, the processes, the stakeholders, etc., takes away 3 odd months, and due to pressures of all sorts you've collapsed. While they might have felt for you, I'm sure they would have allowed a benefit of doubt, and kept postponing their decision, whether to go with you or otherwise.. I'm sure neither you nor they would have visualized the serious nature of your sudden illness and breakdown till the tests revealed it all. Naturally therefore, so if their work gets hampered and if they things are indefinite, they will want to replace you, as ultimately they are responsible for the deliverables, else they get the boot.
Please do not misunderstand me as one who works without a heart. Multi-nationals can think that way, and they would have calculated every move before they did what they did. I also suspect that they at this moment are prepared to defend themselves more than you can, despite evidences, you have or may produce.
You are right there should be a National Forum which can take up redresser cases like this like the 'consumer court' functions in terms of products. If I can think of one, NASSCOM should have spearheaded this, but a pity they don't. This actually sounds an alarm bell for 'professionals' and it's time people start thinking of one body.
Best wishes anyway Roshan for your health.
From India, Hyderabad
I think we have gone round in circles in this thread for some time now. Nothing new is forthcoming from Roshan apart from his hapless position. Straight forward questions also are not getting answered. Consequently, the experts have nothing to add to this themselves.
Roshan, you have been guided to the extent this forum allows. What YOU choose to do beyond this is really up to you and you alone. If there is any "specific" (I repeat, "SPECIFIC") assistance you seek from any of us; I am sure the same will be made available after due perusal of the proof that you claim to have. If you have nothing substantial to add, please consider all the advises preferred earlier by our members and move ahead. You have to get yourself out of this rut of self pity and move way beyond the "I am a victim" mindset. Even if you are the victim, just crying and screaming about it wont get you anywhere.
As TSK says, your ex-employer possibly has more documents ready to show a stronger case to their advantage. And with just 7 months of vintage, I repeat what I said earlier - they have already given you a very long rope out of humane considerations. Even as a reader of your posts here, I do not see the value you added to the organization during your healthy days or beyond. And now with all these public postings to try and shame them, you are just being a nuisance. No benevolence or good will gesture can last forever without some sort of reciprocation. Ultimately, IBM is not a charitable organization or an NGO. In the present economic scenario, with the bottom lines the way they are, none of these organizations can take on philanthropy at the cost of their existing work force and business objectives.
From India, Mumbai
Roshan, you have been guided to the extent this forum allows. What YOU choose to do beyond this is really up to you and you alone. If there is any "specific" (I repeat, "SPECIFIC") assistance you seek from any of us; I am sure the same will be made available after due perusal of the proof that you claim to have. If you have nothing substantial to add, please consider all the advises preferred earlier by our members and move ahead. You have to get yourself out of this rut of self pity and move way beyond the "I am a victim" mindset. Even if you are the victim, just crying and screaming about it wont get you anywhere.
As TSK says, your ex-employer possibly has more documents ready to show a stronger case to their advantage. And with just 7 months of vintage, I repeat what I said earlier - they have already given you a very long rope out of humane considerations. Even as a reader of your posts here, I do not see the value you added to the organization during your healthy days or beyond. And now with all these public postings to try and shame them, you are just being a nuisance. No benevolence or good will gesture can last forever without some sort of reciprocation. Ultimately, IBM is not a charitable organization or an NGO. In the present economic scenario, with the bottom lines the way they are, none of these organizations can take on philanthropy at the cost of their existing work force and business objectives.
From India, Mumbai
Dear,
don't worry, this can happened with any one and its duty of employer to cooperate with you in such type of matter. as per me u may approach the commissioner, employee's workmen's compensation for compensation and conciliation officer for reinstatement without wasting time. or u can direct approach the labour commissioner direct in this matter.
wish for healthy recovery
thnks
From India, New Delhi
don't worry, this can happened with any one and its duty of employer to cooperate with you in such type of matter. as per me u may approach the commissioner, employee's workmen's compensation for compensation and conciliation officer for reinstatement without wasting time. or u can direct approach the labour commissioner direct in this matter.
wish for healthy recovery
thnks
From India, New Delhi
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