Hi, I put a harassment complaint in the company against some of the employees. Instead of taking action on them, the company forced me to give resignation in the month of Feb 2020. The company gave me one month of extra pay. I have 6 years of work period there.
I want to ask how much money the company was liable to pay me? Also, can I take any action against the company?
From India, Delhi
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I want to ask how much money the company was liable to pay me? Also, can I take any action against the company?
From India, Delhi
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Dear member,
What about gratuity? Has the company paid gratuity to you? What about leave encashment? Was there un-availed leave?
Did your company give you the "Full and Final Settlement Sheet" (FFS)? Please check the payable attributes mentioned in the sheet.
If you have rendered six years of continuous service then you are eligible to get the gratuity. If the company has not paid gratuity to you then submit Form 1 under the provisions of Payment of Gratuity Act of your state to the company. When you submit the form, prepare the two copies of the form. Submit one copy and take signature on the second copy from the HR Department. For your records, you need to have your own copy also.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227What about gratuity? Has the company paid gratuity to you? What about leave encashment? Was there un-availed leave?
Did your company give you the "Full and Final Settlement Sheet" (FFS)? Please check the payable attributes mentioned in the sheet.
If you have rendered six years of continuous service then you are eligible to get the gratuity. If the company has not paid gratuity to you then submit Form 1 under the provisions of Payment of Gratuity Act of your state to the company. When you submit the form, prepare the two copies of the form. Submit one copy and take signature on the second copy from the HR Department. For your records, you need to have your own copy also.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear ANONYMOUS Friend,
Kindly provide the following details:
- What kind of harassment complaint did you make?
- What is your gender?
- How many employees are working in your company?
- What deductions from your salary were made by your company?
You tendered your resignation in the month of Feb 2020. After 6 months, you say it was forcibly taken by your company. You cannot do anything now for your resignation taken forcibly by your company. Do you have any evidence that the resignation was taken forcibly?
If you are a female and the harassment complaint you lodged is supported by proof, you can probably initiate action against your company, regardless of the number of employees it has.
The Gratuity Act is applicable to your company if your company has or had at any time in the past 10 or more employees.
You should receive salary in lieu of any leave that you have not availed.
I hope this helps. Let me know if you need any further assistance.
From India, Mumbai
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Kindly provide the following details:
- What kind of harassment complaint did you make?
- What is your gender?
- How many employees are working in your company?
- What deductions from your salary were made by your company?
You tendered your resignation in the month of Feb 2020. After 6 months, you say it was forcibly taken by your company. You cannot do anything now for your resignation taken forcibly by your company. Do you have any evidence that the resignation was taken forcibly?
If you are a female and the harassment complaint you lodged is supported by proof, you can probably initiate action against your company, regardless of the number of employees it has.
The Gratuity Act is applicable to your company if your company has or had at any time in the past 10 or more employees.
You should receive salary in lieu of any leave that you have not availed.
I hope this helps. Let me know if you need any further assistance.
From India, Mumbai
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Required details are as follows:
1) I am male.
2) The company is a multinational company with thousands of employees.
3) I resigned in the month of Feb 2020, then there was a three-month notice period which I served; thus, my last working day was in the month of May 2020.
4) I could not take action earlier because of the coronavirus lockdown.
5) The company paid me all gratuity. They also gave me a full and final settlement sheet.
The harassment complaint is as follows:
Due to some ongoing personnel problems, I became too stressed and somewhat mentally disturbed on those days. Some employees of the company began making videos of me and making fun of me. They used to openly and loudly call me "PAGAL" (insane). I lodged a complaint against them with HR. Then they started to comment on my religion. They even openly threatened to beat me outside the company. When I complained against them, many more employees joined in and harassed me openly on a mass scale. Nearly the whole department was involved in this. When I took this to HR, they forced me to resign instead of taking any action against them, saying that I am not medically fit and my complaint is not valid.
HR actually told me that THEY WOULD TAKE ME BACK IN THE COMPANY after medical treatment, but for now, I have to resign. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign, but they forced me and assured me that they would take me back, so I resigned.
My company has a portal for resignations where employees can take back their resignation even after some time if done within the notice period. I did the same. I tried to take back my resignation in that portal within the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I sent several emails from an external email to them regarding my complaint and this account blocking, but they did not reply to them. Ultimately, my last working day came, and they gave me a full and final settlement after some time.
They paid me gratuity and one month's extra pay.
Thanks
From India, Delhi
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1) I am male.
2) The company is a multinational company with thousands of employees.
3) I resigned in the month of Feb 2020, then there was a three-month notice period which I served; thus, my last working day was in the month of May 2020.
4) I could not take action earlier because of the coronavirus lockdown.
5) The company paid me all gratuity. They also gave me a full and final settlement sheet.
The harassment complaint is as follows:
Due to some ongoing personnel problems, I became too stressed and somewhat mentally disturbed on those days. Some employees of the company began making videos of me and making fun of me. They used to openly and loudly call me "PAGAL" (insane). I lodged a complaint against them with HR. Then they started to comment on my religion. They even openly threatened to beat me outside the company. When I complained against them, many more employees joined in and harassed me openly on a mass scale. Nearly the whole department was involved in this. When I took this to HR, they forced me to resign instead of taking any action against them, saying that I am not medically fit and my complaint is not valid.
HR actually told me that THEY WOULD TAKE ME BACK IN THE COMPANY after medical treatment, but for now, I have to resign. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign, but they forced me and assured me that they would take me back, so I resigned.
My company has a portal for resignations where employees can take back their resignation even after some time if done within the notice period. I did the same. I tried to take back my resignation in that portal within the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I sent several emails from an external email to them regarding my complaint and this account blocking, but they did not reply to them. Ultimately, my last working day came, and they gave me a full and final settlement after some time.
They paid me gratuity and one month's extra pay.
Thanks
From India, Delhi
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Dear aggrieved member,
On reading your post, one can make a conclusion that you have been discharged by paying legitimate dues to you. Therefore, there is no problem as such.
You should have approached this forum when your harassment was going on. It is too late now. Anyway, paragraph-wise replies to your post are as below:
The harassment complaint is as follows:
Due to some ongoing personnel problems i became too much stressed and used to remain some what mentally disturbed on those days. Some employees of company began to make my videos making my fun. They used to say me PAGAL(insane) openely and loudly. I put a compaint against that in HR. Then they started to comment on my religion. They used to pass open threats that they will beat me outside the company. When I put complaint against them many more employees joined them and began my harassment openly in this way on mass scale. Nearly whole department was involved in this. When i took this to HR, HR forced me to give resignation instead of taking any action on them saying that I am not medically fit and my complaint is not valid.
Reply: - What has happened with you is not just unfortunate but outrageous too. If the whole department started making fun then before making a complain to the HR, did you complaint to the HOD? What was his/her view?
When you reported the matter to the HR, instead of showing empathy, why did HR take the extreme decision of forcing you to resign? If HR started pressuring you to resign then why you did not escalate the matter? Why did you not put an application to the MD of the company?
HR actually said me that THEY WOULD TOOK ME BACK IN COMPANY after medical treatment but for now I have to give resignation. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign but they forced me and assured me that they will took me back so i gave resignation.
Reply: - Probably it was well decided by the senior authorities to check you out from the company. Therefore, HR went on to give a false assurance on your reinstatement. In fact, if HR were to tell you to withdraw your resignation then there was no point in accepting them. HR has just hoodwinked you. Anyway, most of the HR just execute what their bosses say therefore, they use these tactics to mislead the employee to attain their goal.
MY company has a portal for resignations where employees can took the resignation back even after some time if taken back with in the notice period.I did also same. I tried to take the resignation back in that portal with in the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I put several mails from external mail to them regarding my complaint and this account blocking but they did not reply to them. Ultimately my last working day came and they gave me full n final settlement after some time.
Reply: - This is one more evidence of how you had become persona non grata in your company. They wanted to remove you anyway. They just bought the time to give a semblance of normalcy.
Final Comments: - The above comments are based on listening to your side only. Generally, forums like this are expected to be neutral and we should give our comments after listening to both the sides. Nevertheless, nobody can undo the past and you are no exception. Everyone passes through the rough patch of life. Take this as a rough patch and move on. If you are yet to get a new job then start searching for a new job vigorously. Spend some time introspection and identify where you went wrong. Life is much longer and many successes could be waiting for you.
All the best!
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
On reading your post, one can make a conclusion that you have been discharged by paying legitimate dues to you. Therefore, there is no problem as such.
You should have approached this forum when your harassment was going on. It is too late now. Anyway, paragraph-wise replies to your post are as below:
The harassment complaint is as follows:
Due to some ongoing personnel problems i became too much stressed and used to remain some what mentally disturbed on those days. Some employees of company began to make my videos making my fun. They used to say me PAGAL(insane) openely and loudly. I put a compaint against that in HR. Then they started to comment on my religion. They used to pass open threats that they will beat me outside the company. When I put complaint against them many more employees joined them and began my harassment openly in this way on mass scale. Nearly whole department was involved in this. When i took this to HR, HR forced me to give resignation instead of taking any action on them saying that I am not medically fit and my complaint is not valid.
Reply: - What has happened with you is not just unfortunate but outrageous too. If the whole department started making fun then before making a complain to the HR, did you complaint to the HOD? What was his/her view?
When you reported the matter to the HR, instead of showing empathy, why did HR take the extreme decision of forcing you to resign? If HR started pressuring you to resign then why you did not escalate the matter? Why did you not put an application to the MD of the company?
HR actually said me that THEY WOULD TOOK ME BACK IN COMPANY after medical treatment but for now I have to give resignation. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign but they forced me and assured me that they will took me back so i gave resignation.
Reply: - Probably it was well decided by the senior authorities to check you out from the company. Therefore, HR went on to give a false assurance on your reinstatement. In fact, if HR were to tell you to withdraw your resignation then there was no point in accepting them. HR has just hoodwinked you. Anyway, most of the HR just execute what their bosses say therefore, they use these tactics to mislead the employee to attain their goal.
MY company has a portal for resignations where employees can took the resignation back even after some time if taken back with in the notice period.I did also same. I tried to take the resignation back in that portal with in the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I put several mails from external mail to them regarding my complaint and this account blocking but they did not reply to them. Ultimately my last working day came and they gave me full n final settlement after some time.
Reply: - This is one more evidence of how you had become persona non grata in your company. They wanted to remove you anyway. They just bought the time to give a semblance of normalcy.
Final Comments: - The above comments are based on listening to your side only. Generally, forums like this are expected to be neutral and we should give our comments after listening to both the sides. Nevertheless, nobody can undo the past and you are no exception. Everyone passes through the rough patch of life. Take this as a rough patch and move on. If you are yet to get a new job then start searching for a new job vigorously. Spend some time introspection and identify where you went wrong. Life is much longer and many successes could be waiting for you.
All the best!
Dinesh Divekar
From India, Bangalore
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