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Vipin Kumar Bhola   06 April 2017

Contract got renewed without my signature and package reduce

Hi Team,

 

I had joined Centum Learning Ltd on November 2013 as on roll employee as Deputy Manager (CS). It was going good, there was no compliant against my performance. Whereas I use to visit pan India for training. All of the sudden in March 2015 I was told to get the roll changed from ON Roll to OFF Roll daily wages without any reason. I agreed to it because it gave growth in my package 1500*26=39000. I was doing well in training and all of the sudden they again came in September 2015 and told that we want to move you from Training to Beat trainer and you will be based in your home circle. I agreed to it as I was based in my home location. It was again going good.

In June 2016 I got called from My reporting Manager that time Kunal Parashar that we are planning to move you from Off Roll Daily wages to Fix salary. I had told him that I will only go to fixed salary OFF Roll only when i will get increase in my package. He said yes there will increase in salary and you will get the call from HR department. I was waiting for the call from HR for salary discussion, but no call received and all of the sudden I got the contract for renewal with decrease in MY current package I had mailed back to HR by saying that it was not the conversion which had with KUNAL and it decrease in my package which I am not going to take. I got revert from HR that speak to KUNAL. I called Kunal who was on exit mode that time told that I can’t do anything.

Then after that I had mailed to Uttam supervisor and Preeti Thakuria senior Manager on August 22, 2016 1:41 PM. Still no proper response received from the team. I had waited after that but no revert, then again on August 26, 2016 6:20 PM in mailed to Uttam supervisor and Preeti Thakuria senior Manager to know the status. But no proper response received. And all of the sudden My contract got implemented without My signature. And I didn’t received any call from HR before it for salary discussion. I had waited after that but no revert, then on October 31, 2016 11:57 AM in had mailed to Preeti Thakuria senior Manager and kept Manoj Sharma My reporting Manager Hardik from HR in CC. regarding this issue, I got revert from Manoj Sharma that call me and discuss. I had called him and told him that I had not signed the contract but it got implemented and I haven’t received call from HR for package discussion. So that the issue that where I was been told that the package will be increased there my package got decrease. And that to without my concern. I had provided him all the discerption and bifurcation about the salary which I was drawing that time and how much it got impacted after change in package. He told that I will get back to you after speaking to HR. but no response after that too.

Then on February 02, 2017 5:37 PM I had mailed him again regarding the response and he has revert that call me and discuss the issue. That means he has not taken any action against the conversation which we had in November 2016. So I decided to mail the same to HR and on March 25, 2017 3:04 PM I had mailed to Divya S from HR and Samra Rahman (HR Manager) regarding my issue with all the previous mails attached to this mail, but not revert received from them, after that I had mailed her again for response on 3/29/2017, but no response.

Due to this changes in My packages all my calculation and my investment plan got disturbed. I had mailed them in simple calculation that currently I was earning on daily basis wages Rs.1500/per day that comes to 1500*26= 39000 from which 10% TDS use to be deducted and I use to get 35100 and use to get Rs.500 as mobile allowance which was to less where as people who had joined after me was get Rs.1500 as mobile allowance on same position. I use to work for all 26 days so that my salary should not be deducted. And the changes which they had made was Rs.36000. the last long leave which I had taken was in January 2016 for 10 Days.

Ideally when they contract was supposed to get renewed it should have got renewed at least by the increase of 10% to 15% hike according to my package which I was drawing. Therefore I want to complaint against the company regarding contract renewal without my signature and decrease in salary. Because this is a fraud which is been done by the company with me.

And recently I had put down my papers on immediate basis then I got the revert from Manoj Sharma (Reporting Manager) that I will talk to you on the concern and you should notice period of atleast 60 days. After that I didn’t got any call from Manoj Sharma and all of the sudden I came to know from my circle manager that as per company you are on notice period and they are looking for your replacement. This case I haven’t received any acceptance mail of resignation from HR or my Reporting Manager. And they had put me in notice period to without my concern again.

I just want to compensation or Arrears which I was supposed to receive by at least 15% increase in package Rs.44850/PM after deducting 10% TDS I should have got Rs.40365/PM where now I am getting just Rs.32400/PM and the mobile allowance which I was supposed to get is ideally Rs.1500/PM I was getting Rs.500/PM. So if I will calculate the amount from September 2016 till date is (44850-36000=8850-885=7965*7=55755) it will be somewhat Rs. 55755.

So want to launch a complaint and want you to put attention on this case. As this is fraud done by company with me on monetary and resignation part too. I am mentally disturbed and request to get the compensation and arrears which i had lost.



Learning

 9 Replies

Kumar Doab (FIN)     06 April 2017

Did you resign while you were on rolls and employee?

i.e. before you were in yuor own language shifted from On Rolls to Daily wages/Off role?

 

Vipin Kumar Bhola   06 April 2017

Hi Kumar thanks for your reply when i was on roll it was told by my manger to put down the papers. I have that mail too with me. It was not me who had resigned by myself that time .

Kumar Doab (FIN)     06 April 2017

Were you paid any severance compensation/notice pay?

If the current contract is not acceptable to you, you have the option to decline to accept.

Look for another venture ASAP.

Prefer Regular employment than Contractual.

 

Vipin Kumar Bhola   07 April 2017

I was not been paid anything apart from my salary. And now when the contract was send to me in that the package was less. And i am still working with that company and fighting for the fraud company has done by renewing my contract without my signature

Vipin Kumar Bhola   07 April 2017

I was not been paid anything apart from my salary. And now when the contract was send to me in that the package was less. And i am still working with that company and fighting for the fraud company has done by renewing my contract without my signature

Vipin Kumar Bhola   07 April 2017

I was not been paid anything apart from my salary. And now when the contract was send to me in that the package was less. And i am still working with that company and fighting for the fraud company has done by renewing my contract without my signature

Kumar Doab (FIN)     07 April 2017

Asking to resign can be termed deemed termination................

Asking to resign from regular employment and be on daily wages is unfair.

Generically Speaking: The discretion to renew contract rests with employer. You are working and it may be deemed acceptance.

Show all docs on record to a very able counsel specializing in Labor/service matters.

Firm up your next venture ASAP and keep some offer in hand.

 

 

 


(Guest)

Sweet pills on the part of Mr. Doab! All your efforts to claim any compensation are likely to prove fruitless. However, as per his advice, "Show all docs on record to a very able counsel specializing in Labor/service matters," you are free to test that formula at a cost and time to lose, if you can gain anything, but I have my own doubt on that, as you are likely to lose your money and time in vain efforts.

In fact, after agreeing to accept ON Roll regular job to OFF Roll daily wages job, you at your own sweet will lost all opportunities of a regular employee. A contractual daily wager has no life of service. Better search for another suitable job. Your compaint to anybody may not work, as you have already tendered resignation yourself by serving a notice, as you stated ,"recently I had put down my papers on immediate basis."

 

.

 

Sudhir Kumar, Advocate (Advocate)     24 January 2024

The casue of action may not be susisting after 5 years.


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