Hi all,
I was terminated from my job (HR - Executive with Mahindra Satyam BSG) without any prior notice just because I did not turn up to the office on a week off (only once when there was no public or private transportation available because of the Telangana issue in Hyd city). They did not even pay my salary & other benefits (ESI,PF...). This happened in the month of Sep\'11. Inspite of many mails and personal conversations with the higher management (escalated to the CEO as well) I did not get paid.
Now that, I would like to fight at the court of law.
In this regard request you to please help me with the procedure and the labor laws applicable.
Thanks & Regards,
Dikshit T G S
From India, Hyderabad
37I was terminated from my job (HR - Executive with Mahindra Satyam BSG) without any prior notice just because I did not turn up to the office on a week off (only once when there was no public or private transportation available because of the Telangana issue in Hyd city). They did not even pay my salary & other benefits (ESI,PF...). This happened in the month of Sep\'11. Inspite of many mails and personal conversations with the higher management (escalated to the CEO as well) I did not get paid.
Now that, I would like to fight at the court of law.
In this regard request you to please help me with the procedure and the labor laws applicable.
Thanks & Regards,
Dikshit T G S
From India, Hyderabad
Dear,
How long your served there?
However you'll have every right to defend yourself. First of all you'll have to issue a legal notice under AckDue and follow up with a complaint to your Labour Enforcement Officer for raising an Industrial Dispute etc. Also claim transfer of PF & gratuity/bonus/leave encashment and compensation to your present employer (if not employed), wait till the case is settled. Keep all your records and documents safely.
With wishes
kumar.s.
From India, Bangalore
How long your served there?
However you'll have every right to defend yourself. First of all you'll have to issue a legal notice under AckDue and follow up with a complaint to your Labour Enforcement Officer for raising an Industrial Dispute etc. Also claim transfer of PF & gratuity/bonus/leave encashment and compensation to your present employer (if not employed), wait till the case is settled. Keep all your records and documents safely.
With wishes
kumar.s.
From India, Bangalore
Hello Mr. Kumar,
Thanks for the response. I lodged a complaint with the Asst. Commissioner of Labour. Awaiting response from them. However, I have not issued any legal notice as my ex employer threatened me of block listing my candidature if I do so.
Also, my employer never gave me my PF Account No. I really doubt if they ever deposited anything into the account. How do I cross check???
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
Thanks for the response. I lodged a complaint with the Asst. Commissioner of Labour. Awaiting response from them. However, I have not issued any legal notice as my ex employer threatened me of block listing my candidature if I do so.
Also, my employer never gave me my PF Account No. I really doubt if they ever deposited anything into the account. How do I cross check???
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
Dear Dikshit,
First of all PF is the first legal reqt. any employer has to comply with from the very first day of an employee joining duty. Therefore you also send a regd. letter to your HR. copy to the MD/any other Dr/sr.person i/c of admn. asking him to intimate your PF/ESI A/c.No. and also ask for a statt.of your A/c with particulars of PF/ESI deposited with govt.authorities, unpaid salary/any other dues etc. Give only 15 days notice, if no reply is received straight away send a complaint letter attaching copies of your apptt. letter, pay slip, if credited to your bank - statt., etc. to substantiate your employment in that firm.
And in that letter also warn him not to resort to threaten you like "black listing" and clearly mention there if he do so any further you will be forced to lodge a criminal complaint under IPC with the police etc.
For whatever correspondences and submitting of forms, ensure that you obtain copies under due ack. If they refuse to ack. send advance copies by regd.post ack.due.
Pursue this vigourously. For any guidance you may consult a suitable advocate. If you were a member of your Labour Union you may pursue thro' them also, if they are really sincere people.
A word of caution to YOU.. Deal this very carefully. I suggest this steps on a bonafide intention that you have not committed any unlawful activities. Without prejudice.
Applicable labour laws - 1. Payment of wages act 2. ID Act. 3.PF/ESI/Gratuity act, your service conditions (Standing Orders) 4. Fundamental Rights & Contract Act 5.IPC etc.
Regards.
kumar.s.
From India, Bangalore
First of all PF is the first legal reqt. any employer has to comply with from the very first day of an employee joining duty. Therefore you also send a regd. letter to your HR. copy to the MD/any other Dr/sr.person i/c of admn. asking him to intimate your PF/ESI A/c.No. and also ask for a statt.of your A/c with particulars of PF/ESI deposited with govt.authorities, unpaid salary/any other dues etc. Give only 15 days notice, if no reply is received straight away send a complaint letter attaching copies of your apptt. letter, pay slip, if credited to your bank - statt., etc. to substantiate your employment in that firm.
And in that letter also warn him not to resort to threaten you like "black listing" and clearly mention there if he do so any further you will be forced to lodge a criminal complaint under IPC with the police etc.
For whatever correspondences and submitting of forms, ensure that you obtain copies under due ack. If they refuse to ack. send advance copies by regd.post ack.due.
Pursue this vigourously. For any guidance you may consult a suitable advocate. If you were a member of your Labour Union you may pursue thro' them also, if they are really sincere people.
A word of caution to YOU.. Deal this very carefully. I suggest this steps on a bonafide intention that you have not committed any unlawful activities. Without prejudice.
Applicable labour laws - 1. Payment of wages act 2. ID Act. 3.PF/ESI/Gratuity act, your service conditions (Standing Orders) 4. Fundamental Rights & Contract Act 5.IPC etc.
Regards.
kumar.s.
From India, Bangalore
Hi Kumar,
Thanks for the revert. Nice to hear from you again.
As I was part of the HR team, a registered post with ACK due has been sent to my reporting manager (Asst. Manager - HR), skip level manager (Manager - HR), Head HR (Vice president - HR) and CEO of the company. However, I have not received any revert from them for the last two months. They never let me know my PF Account number even. In this regard a complaint has been lodged with the ACL (Asst. Commissioner of Labour).
Further, I would like to bring to your notice, they never gave me anything in written (neither Termination orders nor absconding notice nor resignation papers). However, they have de-activated all my access (Viz. ID card, swipe access, official mail....) which is enough to say they are not allowing me in. Now will I be able to ask them to pay the salary till date ???
However, I am in search of an advocate who can fight the case on behalf of me. Once I come across any such advocate all the legal formalities will be initiated. I wanted to complete all the ground work by the time I find an advocate.
I, once again Thank you for the response.
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
Thanks for the revert. Nice to hear from you again.
As I was part of the HR team, a registered post with ACK due has been sent to my reporting manager (Asst. Manager - HR), skip level manager (Manager - HR), Head HR (Vice president - HR) and CEO of the company. However, I have not received any revert from them for the last two months. They never let me know my PF Account number even. In this regard a complaint has been lodged with the ACL (Asst. Commissioner of Labour).
Further, I would like to bring to your notice, they never gave me anything in written (neither Termination orders nor absconding notice nor resignation papers). However, they have de-activated all my access (Viz. ID card, swipe access, official mail....) which is enough to say they are not allowing me in. Now will I be able to ask them to pay the salary till date ???
However, I am in search of an advocate who can fight the case on behalf of me. Once I come across any such advocate all the legal formalities will be initiated. I wanted to complete all the ground work by the time I find an advocate.
I, once again Thank you for the response.
Thanks & Regards,
Dikshit T G S.
From India, Hyderabad
I think for the present it's started, also you have to lodge a formal complaint with the Reg.PF Commr. of your jurisdiction. If you had designated disciplinary authority under your Standing Orders lodge a detailed letter for his immediate action.
All the best.
kumar.s.
From India, Bangalore
All the best.
kumar.s.
From India, Bangalore
i know a v good advocate in this field, as being an HR i often face such problems... u can contact advocate_renu at yahoo.co.in
From India, Delhi
From India, Delhi
Dear Dikshit,
I can help you in this case. Please mail me details such as copy of appointment letter, correspondences if any by your Co. & a detailed write up on the incidents date wise. I will ensure your communication is responded within the shortest possible time by your Co. in case I find you are Right.
From India, Thana
I can help you in this case. Please mail me details such as copy of appointment letter, correspondences if any by your Co. & a detailed write up on the incidents date wise. I will ensure your communication is responded within the shortest possible time by your Co. in case I find you are Right.
From India, Thana
Dear Dikshit,
As an HR executive you would have known the policy / procedures of the organisation. unless otherwise if there is an mistake / problem from an employee the company will not terminate an employee.
How come a reputed company do this.
Did they send you any warning letter to you or any termination letter.
Were you in probation. If you are permanent, is there any performance issue.
How many days you took leave.
Did you inform about the problem when you could not make up to the company.
Did you inform your manager about leave over phone.
What is the relationship you had with your reporting boss. Why he has not supported you when the action has been taken.
From India, Mumbai
As an HR executive you would have known the policy / procedures of the organisation. unless otherwise if there is an mistake / problem from an employee the company will not terminate an employee.
How come a reputed company do this.
Did they send you any warning letter to you or any termination letter.
Were you in probation. If you are permanent, is there any performance issue.
How many days you took leave.
Did you inform about the problem when you could not make up to the company.
Did you inform your manager about leave over phone.
What is the relationship you had with your reporting boss. Why he has not supported you when the action has been taken.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx