Hi,
I was working in a Software farm from last 4 year 9 months. Company has terminated me without giving any proper reason in writing. In fact my Manager thought that he can replace my position with less experienced and less costly staff. So he played a game with me by giving low rating in my annual appraisal although remarks given against each KPIs were very good but given low rating, so that he can prove that I am low performer. I did not accepted that rating and put this to the HR but HR is not ready to listen.
After that he put me under Performance Improvement Program (PIP) for 2 months and terminated me without any notice and without any feedback of the PIP.
I did not get any amount for notice period. As per appointment letter minimum notice period for 2 months has to serve from both side.
When I talked to the HR, they are saying as per policy Performance Improvement Program should be treated as notice period, and company will not pay if terminated after Performance Improvement Program, which I was not aware and it was also not mentioned in the document I received from my Manager for Performance Improvement Program. HR also sent me a policy document where its mentioned that final performance related discussion will happen on the date given on Performance Improvement document, if feedback is upto the mark, employee will continue his job, else date given on the performance document will treated as last working day and no compensation will be paid against notice period. In my case, performance related discussion was not happened and the date given on the relieving letter is 20 days later on the date given in the performance related document. So as per policy document if employee continue his job from the date given on performance related document, should be treated as regular and will be consider as his/her performance program successfully completed.
I received a letter of acceptance from HR that I have given resignation, which is accepted by the HR Manager, but I did not offered such resignation. Interestingly the date given on the letter is Sunday, which is not possible as no company works on Sunday. One more interesting thing here, the reliving letter issued from HR is 2 days prior to the resignation acceptance latter issued from HR. Let say resignation acceptance letter issued on 7th July and reliving letter issued date is 5th July.
Here I have few questions;
1. The reliving letter issued by the company, which is 2 weeks prior to my last working day. Let say I worked till 21 July but letter issued of 5th July and company paid me till 5th July and did not paid till 21st July. I have all required prove that I worked till 21 July in the form of various mails including last day mail which I sent across to the company. One more interesting thing here as well, that I was on leave on the date given on my reliving letter, and I have mail as prove which I sent to my Manager.
2. Company did not paid my Gratuity amount and saying that 5 year minimum term is not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appoint letter but later on this component was removed from 2nd years onwards and was not mentioned in the annual compensation revision letter.
4. I working in Delhi based office and moved to Banglore from Delhi where Company has another office. So is it possible to sue the Company in Banglore Labour Court or please suggest any other suitable competent authority.
Keeping in mind above mentioned description, please answer queries of my all 4 questions.
Thanking you
Anu
From India, New Delhi
I was working in a Software farm from last 4 year 9 months. Company has terminated me without giving any proper reason in writing. In fact my Manager thought that he can replace my position with less experienced and less costly staff. So he played a game with me by giving low rating in my annual appraisal although remarks given against each KPIs were very good but given low rating, so that he can prove that I am low performer. I did not accepted that rating and put this to the HR but HR is not ready to listen.
After that he put me under Performance Improvement Program (PIP) for 2 months and terminated me without any notice and without any feedback of the PIP.
I did not get any amount for notice period. As per appointment letter minimum notice period for 2 months has to serve from both side.
When I talked to the HR, they are saying as per policy Performance Improvement Program should be treated as notice period, and company will not pay if terminated after Performance Improvement Program, which I was not aware and it was also not mentioned in the document I received from my Manager for Performance Improvement Program. HR also sent me a policy document where its mentioned that final performance related discussion will happen on the date given on Performance Improvement document, if feedback is upto the mark, employee will continue his job, else date given on the performance document will treated as last working day and no compensation will be paid against notice period. In my case, performance related discussion was not happened and the date given on the relieving letter is 20 days later on the date given in the performance related document. So as per policy document if employee continue his job from the date given on performance related document, should be treated as regular and will be consider as his/her performance program successfully completed.
I received a letter of acceptance from HR that I have given resignation, which is accepted by the HR Manager, but I did not offered such resignation. Interestingly the date given on the letter is Sunday, which is not possible as no company works on Sunday. One more interesting thing here, the reliving letter issued from HR is 2 days prior to the resignation acceptance latter issued from HR. Let say resignation acceptance letter issued on 7th July and reliving letter issued date is 5th July.
Here I have few questions;
1. The reliving letter issued by the company, which is 2 weeks prior to my last working day. Let say I worked till 21 July but letter issued of 5th July and company paid me till 5th July and did not paid till 21st July. I have all required prove that I worked till 21 July in the form of various mails including last day mail which I sent across to the company. One more interesting thing here as well, that I was on leave on the date given on my reliving letter, and I have mail as prove which I sent to my Manager.
2. Company did not paid my Gratuity amount and saying that 5 year minimum term is not completed.
3. Superannuation was part of my CTC in the first year and mentioned in my appoint letter but later on this component was removed from 2nd years onwards and was not mentioned in the annual compensation revision letter.
4. I working in Delhi based office and moved to Banglore from Delhi where Company has another office. So is it possible to sue the Company in Banglore Labour Court or please suggest any other suitable competent authority.
Keeping in mind above mentioned description, please answer queries of my all 4 questions.
Thanking you
Anu
From India, New Delhi
Dear Anu,
Greetings!!!
Lodge a complaint in the labor office of the area, where you are presently living. If necessary, they will forward that to relevant court.
But my suggestion would be to sent a legal notice to your company before you proceed to lodging complaint, assuming that you have already exhausted the steps of escalating this to senior management. If not, then mark a mail to your HR Manager, copy to HR Head CEO, MD, Your Ex Manager.
From India, Delhi
107Greetings!!!
Lodge a complaint in the labor office of the area, where you are presently living. If necessary, they will forward that to relevant court.
But my suggestion would be to sent a legal notice to your company before you proceed to lodging complaint, assuming that you have already exhausted the steps of escalating this to senior management. If not, then mark a mail to your HR Manager, copy to HR Head CEO, MD, Your Ex Manager.
From India, Delhi
After reading the post I feel that company will not give you a chance to talk, they are doing unethical practice. You can surely go to local labour law office with all the PROOFS and they will surely assist you with this.
From India, Pune
From India, Pune
PF & ESI are statutory. There is no link with welfare fund. You should deduct amounts for PF & ESI and pay to the concerned authorities along with employer’s contribution. D.SUBBA RAO
From India, Visakhapatnam
From India, Visakhapatnam
Dear Shantanu
The company seem to be unethical in its approach and careless in its documentation.
But please tell me, under which act, rules or regulation will the complain be filed ?
In any case, the maximum he will get is 2 weeks salary. Rest of the documentation will get corrected once the complaint comes in.
Anu,
I do not think you will get much joy in any legal action on the company. Better focus on a new job. Bangalore has lots of opportunities for software personnel.
However, I would suggest you review your work. Most software companies do not remove expensive programmers and hire cheaper ones because the experienced ones have a much higher throughout. In fact there is a demand for good programmers. You need to review what you do and see how can become better and efficient so that your future employers do not look to replace you on salary grounds.
Btw, you are not eligible for gratuity.
From India, Mumbai
The company seem to be unethical in its approach and careless in its documentation.
But please tell me, under which act, rules or regulation will the complain be filed ?
In any case, the maximum he will get is 2 weeks salary. Rest of the documentation will get corrected once the complaint comes in.
Anu,
I do not think you will get much joy in any legal action on the company. Better focus on a new job. Bangalore has lots of opportunities for software personnel.
However, I would suggest you review your work. Most software companies do not remove expensive programmers and hire cheaper ones because the experienced ones have a much higher throughout. In fact there is a demand for good programmers. You need to review what you do and see how can become better and efficient so that your future employers do not look to replace you on salary grounds.
Btw, you are not eligible for gratuity.
From India, Mumbai
Hi All,
Thank you all for your valuable suggestions and discussions. I would clarify your doubt; I don't care about money. I care about my right and want to protect it. I know this is industry wide HR practice. But as far as I am concern, I don't want to allow them to do the same with me and want to raise my voice across. I have proof of each and every things with me like, soft copy of appraisal form, policy document, PIP documents which I received from my Manager, all other relevant emails etc.
Please provide me suggestions now; should I log my complaint to the competent authority, where should I log the complain, how can processed, what would be the possible consequences.
Also one more thing, now I am working in some other organization. So will it impact to my current job?
One more thing, I am also planning to send copy of the complain which I will send to my company with covering letter to the NASCOM. Is it right decision.
Thank you once again.
Anu
From India, New Delhi
Thank you all for your valuable suggestions and discussions. I would clarify your doubt; I don't care about money. I care about my right and want to protect it. I know this is industry wide HR practice. But as far as I am concern, I don't want to allow them to do the same with me and want to raise my voice across. I have proof of each and every things with me like, soft copy of appraisal form, policy document, PIP documents which I received from my Manager, all other relevant emails etc.
Please provide me suggestions now; should I log my complaint to the competent authority, where should I log the complain, how can processed, what would be the possible consequences.
Also one more thing, now I am working in some other organization. So will it impact to my current job?
One more thing, I am also planning to send copy of the complain which I will send to my company with covering letter to the NASCOM. Is it right decision.
Thank you once again.
Anu
From India, New Delhi
Dear Sr,
Please let me know the steps to file the complaint. Should I need to file a complaint separately for Gratuity and labor dept for other issues like salary, superannuation amount, etc.
Currently I am residing in Delhi and my Employer office was in Noida and they have Head Office in Mumbai. So where should I go to file the complaint.
Also please suggest any advocate in Delhi/Noida who can help me out without my physical presence.
Thank you everyone once again for their valuable suggestions.
From India, New Delhi
Please let me know the steps to file the complaint. Should I need to file a complaint separately for Gratuity and labor dept for other issues like salary, superannuation amount, etc.
Currently I am residing in Delhi and my Employer office was in Noida and they have Head Office in Mumbai. So where should I go to file the complaint.
Also please suggest any advocate in Delhi/Noida who can help me out without my physical presence.
Thank you everyone once again for their valuable suggestions.
From India, New Delhi
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.
Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf