This case is of my sister written as below .
I joined this company on 5th January 2015 as an Associate. It is Recruitment agency and an Indian subsidiary with the head office in Hong Kong. My reporting manager was the Director, company who also heads the India Office. The total no of employees in this office is less than 10, to indicate the size of the organization I was working with.
After working for over two years, I resigned from the company on 27th July 2017 post securing a new job opportunity. My contract stipulate that I need to serve one months’ notice period or one month salary in lieu of not willing to serving the notice.
As per the contract, I resigned and mentioned my willingness to serve the notice period which is clearly stated in my Resignation email . There was a phone call where my boss asked me to take 2 months’ salary as a buyout from my new employer, when there was only 1 month notice period needed as per my contract. Upon being refused by my new employer for any buyout possibility, I informed the same to him. My Boss replied to the resignation mail, still being persistent and asking me to buyout the notice period from my new employer. My new employer, however, refused to buy out the notice period and was willing to wait for me to join after serving the 1 month notice period, which was originally my request as well, as per the contract. My boss however relieved me immediately of my duties and kept demanding that my new employer offer a buy out of the one notice period. His tone of persistence and arrogance is very clear in the emails as was in his phone call to me. He also clearly mentions that he cannot go back on his decision, as he has committed the same to his seniors in the Hong Kong office. He has done so even after I refused for the buyout option and again displaying my willingness to serve the notice. I was denied the right of serving the notice period.
All my emails and request to serve notice period was falling on deaf ears in India, so I escalated matter to the HR, on 28th July explaining her the situation and hoping for some fair response.My boss calls me the same day with lot of anguish expressing his fury over my escalation of this matter to the HR in Hong Kong. The phone call was a testimony to a lot of things that are unprofessional and no employer – employee relation would be justified by the things I was asked to prove and my competency in my job during the tenure with the company was questioned. I was asked to show a proof that I went for the interview on non-working day. No employer has a right to ask that, however I still succumbed to this unprofessional request and sent him the proof that I indeed gave this interview on a Saturday. He accused me of lying for the days I had taken sick leave (half day) to give the interview. Kindly note at this point I still had my unused leaves for this and last year. Fortunately, I was anticipating a phone call of this nature from Mr. Menon and I recorded the call to prove the above thing, in case I need to take a legal action against this.
On 2nd August My boss and the company HR, forced the full and final settlement on me where there was deduction of my one Month Salary including GST , To which I immediately replied asking for the explanation regarding the deduction .There were a few email exchanges where they completely overlooked my willing ness to serve the notice period.
Kindly note at this point, I was already handed by Full and Final settlement, returned the company mobile phone. I was an ex- employee by this time. I left for a holiday out of the city with the understanding that my employment is terminated with this compant
When I demanded the reason for the unfair notice pay out and informed them about me taking legal action against this, to my amazement, my boss instructs the HR to ask me join back in a one liner email. There is a tone of supremacy and arrogance in the email exchanges. He showed no hesitance to go back on his own words in the official email where he has mentioned “We have relieved you effective today. I can't go back on this now.”
The HR who sits in Hong Kong refused to acknowledge my willing ness to serve the notice siding with my boss and when I demanded the reason for the deduction of my salary they realized they had no legitimate reason for such action, and they casually ask an ex- employee to join.
My boss and the company have harassed me mentally and have extorted my hard earned salary in exchange of notice buy out ; reason for which they have no legitimate standing as I have clearly mentioned my willing ness to serve the notice period. They are now unresponsive and have not stated any reason for the deduction of my salary against notice period.
I wish take action against the company and especially my boss cindicating the bullying, extortion of my salary on false grounds and mental harassment throughout this process.
Please guide me , what should I do best to get the justice and my one month salary they deducted with GST and teach them a lesson that the world doe snot work as per their convinience.
Thanks and regards
