A couple of years back, I had done a project as a freelancer and then created a website with details showcasing myself as a freelancer. However, since then, I have moved on and joined various companies.
In my current company, the manager discovered this website and reported it to the CEO as a conflict of interest. The CEO is now planning to file a First Information Report (FIR).
Please advise if this action is justified as I have not taken on any freelancing jobs while working for the company.
From India, Bangalore
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In my current company, the manager discovered this website and reported it to the CEO as a conflict of interest. The CEO is now planning to file a First Information Report (FIR).
Please advise if this action is justified as I have not taken on any freelancing jobs while working for the company.
From India, Bangalore
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Please explain this to your CEO.
Anything on the web will survive for almost forever. You cannot be penalized for work that you have done earlier. As a CEO of a software company, he should be smart enough to understand this and the game played by your manager. The problem with certain companies is that they try to own the employee rather than his services and contributions.
Warm regards.
From India, Delhi
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1497Anything on the web will survive for almost forever. You cannot be penalized for work that you have done earlier. As a CEO of a software company, he should be smart enough to understand this and the game played by your manager. The problem with certain companies is that they try to own the employee rather than his services and contributions.
Warm regards.
From India, Delhi
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Dear Bdmehta009,
You have not committed any cognizable offense, and therefore, your CEO cannot file an FIR against you. You have not taken any freelancing job while working with the company, so you need not worry. As suggested by our Super Moderator Raj Kumar ji, you are advised to explain these facts to your CEO.
From India, Mumbai
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You have not committed any cognizable offense, and therefore, your CEO cannot file an FIR against you. You have not taken any freelancing job while working with the company, so you need not worry. As suggested by our Super Moderator Raj Kumar ji, you are advised to explain these facts to your CEO.
From India, Mumbai
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Dear Sirs,
I thank you for your reply. They have given me a suspension notice and have asked me to cooperate while the internal investigation is completed. Until then, I am not allowed to go to the office and not take any other work or job with another company.
From India, Bangalore
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I thank you for your reply. They have given me a suspension notice and have asked me to cooperate while the internal investigation is completed. Until then, I am not allowed to go to the office and not take any other work or job with another company.
From India, Bangalore
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File an FIR against the company for mentally harassing you, and report the matter to the Labour Commissioner to clarify all the facts. Additionally, if possible, please contact the website owner and have their statement acknowledged by the Labour Commissioner and the Police Station, confirming that you performed the work before joining the organization. Also, file for compensation.
From India, Delhi
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From India, Delhi
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Dear Bdmehta009, I am sorry to know about the suspension notice issued to you. You need to approach a good advocate with all the documents and facts and figures. Please approach an advocate who knows cyber law also.
What is written in the suspension notice? What reason is given in this notice? Is it a suspension pending enquiry? It should be a suspension pending enquiry.
Hope you have not renewed the website/domain etc. during the tenure of your employment. If that is so, according to me, it is not a serious issue.
From India, Mumbai
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What is written in the suspension notice? What reason is given in this notice? Is it a suspension pending enquiry? It should be a suspension pending enquiry.
Hope you have not renewed the website/domain etc. during the tenure of your employment. If that is so, according to me, it is not a serious issue.
From India, Mumbai
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Thank you for the reply.
The fact is that I am the owner of the website; it was created in 2011, and I had mentioned my freelancing services on it. However, when I got a good job in an MNC that year, I did not pursue any further freelancing work. After working with that MNC until September 2013, I joined my current organization. To date, I have not engaged in any freelancing work; the website has been maintained, with domain renewals.
When I joined the current organization, they did not have their portal set up and needed to present output to the client. I offered to host it on my domain and sent an email to the manager with the link. The manager then forwarded this link to the client as well.
From India, Bangalore
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The fact is that I am the owner of the website; it was created in 2011, and I had mentioned my freelancing services on it. However, when I got a good job in an MNC that year, I did not pursue any further freelancing work. After working with that MNC until September 2013, I joined my current organization. To date, I have not engaged in any freelancing work; the website has been maintained, with domain renewals.
When I joined the current organization, they did not have their portal set up and needed to present output to the client. I offered to host it on my domain and sent an email to the manager with the link. The manager then forwarded this link to the client as well.
From India, Bangalore
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Thank you for the reply; I am happy for the support I am receiving from you. I have approached a good lawyer and given the facts, even the lawyer is of an opinion that I have not done anything wrong. The suspension order states that until the internal inquiry is completed, I must not undertake any new job or work.
From India, Bangalore
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From India, Bangalore
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It has been 3 months since I have been suspended from my job, and the company has not paid me for the month of April 2014. HR has informed me that the company will be sending notices to my residential address with all the details regarding the lapses on my side. However, nothing has arrived so far, and it has been a week since I last met with HR.
What options do I have?
From India, Bangalore
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What options do I have?
From India, Bangalore
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Dear BD Mehta,
I recommend you approach the labor officer of your area. Explain your problem and show him/her a printout of your communication with HR. Check whether your company has defaulted on suspending an employee but not proceeding with the domestic inquiry. They should have initiated an inquiry soon after suspending you.
Their second default is the non-payment of salary for the month of April 2014. This is a violation of the Payment of Wages Act, 1936.
The labor officer will entertain you if you are a workman. If he entertains you, you will be availing of the mechanism created by the government to redress your grievance. If you are not a workman, he may not entertain you, but then you may request his valuable opinion on how to handle the case.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
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I recommend you approach the labor officer of your area. Explain your problem and show him/her a printout of your communication with HR. Check whether your company has defaulted on suspending an employee but not proceeding with the domestic inquiry. They should have initiated an inquiry soon after suspending you.
Their second default is the non-payment of salary for the month of April 2014. This is a violation of the Payment of Wages Act, 1936.
The labor officer will entertain you if you are a workman. If he entertains you, you will be availing of the mechanism created by the government to redress your grievance. If you are not a workman, he may not entertain you, but then you may request his valuable opinion on how to handle the case.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
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