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ITEmpl   28 May 2017

Reliving issues from employer

Dear All,

I am working in a chennai based IT consulting pvt ltd company. I have submitted my resignation in Nov 2016 but still My company didnt release me from the organization, my HR said I have to get concurrence from delivery department as I am a part of on going project. My deliver manager informed that I will be released only after the completion of the project. But, the project is getting delayed for so many reasons, Now we have salary issues, company is not paying salary regularly for all the employees, the companys financial situation is bad now, imagine they have paid March salary on 24th May, For the past few months this is the case, even many people are submitting resignation but the company is not relieving them. Informing them that situation will get better in couple of months. They are not paying salary on time and not relieving from the organzation even after serving 6 months notice period.

Now suddenly, My HR says effective April 1st, the notice period have been revised to 3 months and that too only after the acceptance of resingation, my notice period will start, Earlier it was 2 months notice period when I submitted my resignation. Now I am mentally disturbed, I am not sure how to get out of this company, I was very patience all along but I feel now that my company is taking employees for granted. Please suggest a suitable way to get relieved from the organization. I want to know how the labour law support us in this kind of situation.

please find below termination terms from the revised offer letter with new notice period.

Your employment with us is terminable with a notice of three months or gross salary of three months in lieu of notice.Right to exercise option to accept Notice Pay in lieu of Notice Period shall be a prerogative and will be at the discretion of the
management influenced by business circumstances.

In the event you resign without appropriate notice and successful completion of any ongoing assignment, without prejudice to,
and in addition to, any other rights or remedies of the company, and in consideration of the time, expenses and effort to be
considered expended by the company to advertise for and seek a suitable candidate to undertake your duties and complete the
project / job on hand, as well as the damages which the company may be liable to pay to the company’s client, you shall pay a
sum of Rs. 2,00,000/- to the company as liquidated damages apart from the notice pay



Learning

 13 Replies


(Guest)

did they notify you of this change nad get t signed?

ITEmpl   28 May 2017

No, recently they changed our pay structure(not increment) in that letter they have mentioned as 3 months notice period. thats it.They didnt ask us to sign and all.

Ms.Usha Kapoor (CEO)     29 May 2017

You file in a labour court raising all your grievances praying for your early release from the company along  with your educational certificates. First issue alegal notice to your employers.raising all your contensions..Also contact your union members and tell them to talk to your management regarding these issues. You will get appropriate relief.

ITEmpl   29 May 2017

Madam, We dont have union in our organization. and moreover I want to know If I file a case, will it end up in my favour?

Also, can they ask me to pay Rs 2L for getting relieved before the project completion, Such kind of thing allowed as per the law?

ITEmpl   31 May 2017

Any other suggestions or views?

Kumar Doab (FIN)     31 May 2017

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?

 

Kumar Doab (FIN)     31 May 2017

Has the increment been paid and accepted by you?

ITEmpl   31 May 2017

There is no increment at all. It is just restructuring the existing salary component. For eg., lets previous salary structure Basic- 10,000 , HRA- 15,000, Special Allowance - 30,000. Now it has been restructured to Basic - 10,000, HRA - 15,000, Special Allowance A - 15,000, Special Allowance G- 15,000. Overall CTC is same only the components is changed.

Kumar Doab (FIN)     31 May 2017

Reply to all points point wise.

Also post did you register for NSR and share PIN with say HR?

Kumar Doab (FIN)     31 May 2017

You (and your colleagues) are unnecessarily giving a very long rope to employer and wasting your time, youth, career with such unscrupulous employer?

Kumar Doab (FIN)     31 May 2017

 

It is not mandatory that there should be union within company.

The state of Tamilnadu has issued clarification by notification that employees in your sector can form unions and there are many union’s in your trade and are also embraced by Trade Unions.

The employees that are not united and are ill informed are prone to such harassment and exploitation.

Kumar Doab (FIN)     31 May 2017

The IT employee's union fought the case and won:

https://timesofindia.indiatimes.com/city/chennai/Chennai-court-says-software-engineers-are-workmen-orders-HCL-to-reinstate-sacked-employee/articleshow/52204998.cms

Kumar Doab (FIN)     31 May 2017

Also go thru:

https://smartinvestor.business-standard.com/pf/features-389852-featuresdet-Are_techies_workmen.htm#.WS7lHJLyvIU


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