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How and where to lodge a complaint against a employer

Page no : 3

Mahendar708 (Associate)     13 May 2015

hi, SIR

I Had A Compliance Dispute required some suggestion how to claim or sue to the court of law

illustrations

'A' company  had appointed employees to a client co. B, In this employees were working For Client co.B, now contract was for 6 months, after that contract was extended more 6 months, but now salary was paid by client co.B to 'A'co. now 'A'co. credits salary to employees, contract ended 12 months i:e Jan 13 to Jan 14, now the 'A' co. is not giving, new contract letter for further 12 months, and old letter had drafted clauses that after the completion of twelve months appraisal will be effected, now 'A' co. says its a client driven process, and When Went to client co.B, Says this process is of 'A' co. who appointed employees as third payroll basis, 

Now Confused Who is the Responsible For This Cycle of  'A' co, employees, client co.B,

Thanks & Regad

Mahendar708

Shashank Verma (Assisstane Manager (Trainee))     04 June 2015

Hi, My name is Shashank. I worked in a company in Sales where I couldn't meet my target and therefore, the company fired me. They did not ask me to serve any notice period. They are constantly saying that they will settle my FNF within 45 days but from past records I came to know that in these cases they just give Rs.3000-4000 to their ex-employee and therefore, I am afraid that they will deduct my money as well. My basic salary was Rs.12,000 + Fixed incentive of Rs.5,000 in total Rs.17,000. I am not asking them to give my money now but just asking in writing the exact amount and date you will be providing. They are not ready to give me in writing and constantly asking about my target. They are saying that accepting the target is like a commitment but I haven't made any commitment nowhere that I will complete my target. I tried my best but I couldn't make it and therefore only they fired me and if I have to complete my target even now then why have they fired me.

I don't trust them that they will give me my complete salary. Now please advice me what should I do?

Kumar Doab (FIN)     04 June 2015

How did they fire: Verbally or in Writing?

 

Who fired: Manager or HR personnel or Employer?

Since how long from that date of firing you are not visiting office?

 

Shashank Verma (Assisstane Manager (Trainee))     04 June 2015

In writing they mentioned "they cannot allow me to continue in June'15" else they have fired me in Verbal

I last went officially on 1st June and on 3rd June I went to talk about my FNF

Kumar Doab (FIN)     04 June 2015

That implies from 1st working day of June15.

If you have attended office upto end of may15 you are eligible for wages.

From 1st June15 you are eligible for notice pay, if applicable.

In FnF statement the companies has to compute earned wages,notice pay if applicable,leave encashment,bonusOT etc and supply FnF wages payment on LWD alongwith service certificate,Relieving letter,NOC/NDC,Form16 as per correct FnF statement,PF a/c number-a/c slips,ESIC card etc..............

 

Achievement of targtes in the form and manner as being preached is not correct.

If you wish you can contest it..........................under expert guidance of employee's/trade union leaders,Labor Law Cosnultant/Service matters Lawyer/Law firm etc........

 

Shashank Verma (Assisstane Manager (Trainee))     04 June 2015

I have attended office regularly till 1st June. I didn't take a single leave during my whole work period. 

Now they are saying to wait for 45 days without telling my exact amount in writing.

Please suggest me what should I do now?

Should I actually wait for 45 days or should I lodge an FIR now only?

Kumar Doab (FIN)     05 June 2015

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit policy that are mentioned in the appointment letter? Or is any such policy mentioned in appointment lettter?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

 

What is the notice period stated in appointment letter?

 

What is the date on notice of termination issued to you stating that: ""they cannot allow me to continue in June'15""? OR how much notice was tendered by employer while firing you?

 

Is it sttaed by you or employer that:  NO tasks are pending at your end and to whom you should handover the charge or have you signed any exit form and do you have any copy?

 

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

jamalbasha (Jr.Executive)     05 June 2015

Dear sir,

Irecently joined one of the pharma company without reliving letter. present i got a job one of the precious MNC company they are asking reliving letter. thats why iam resigned my current position with one month notice period but prsent organization hr pepole told your joined without reliving thats why we are not given to you reliving letter.

Please help and guide me as they are not giving me my reliving letter.

Thank you sir,

 

Kumar Doab (FIN)     05 June 2015

@ Jamalbasha,

Alawyas initiate a new thread.

Relieving letter signifies nothing is due towards employee.

All employees should be given service certificate,relieving letter.

At which position you joined;MR etc?

Proceed further under expert advise of Labor Law Consultant/Service matters lawyer/law firm.

 

Mohsin Khan   15 June 2015

Hi,

I was working in BPO. My last working day was 1 May 2015. I have givn proper 2 months notice. There is company policy, they give FNF (Full and Final within 45 days)

My first question is; Is there any law that company can not give employee salary on the day the resign or in normal salary cycle process. Why they need 45 days just to complet simple FNF process?

I've called today and they are telling me that there is some problem with your last working day, but there is no such problem. that is why they have kept my full and final on hold.

now again they are are telling me if the issue resolved the it will take 15 days again to come my salary.

Plus they have rule that they fill PF form only after 60 days from the last working days.

Then PF will come after 45 days from the day you have filled PF form.

Is that legal?

I'm very much in need of money now and frustrated.

I want to take very strict action against this company.

Please guide me.

 

Kumar Doab (FIN)     15 June 2015

You should provide full information, pointwise!

Was any letter or atleast a salary slip issued showing date of payment, FnF statement?

Your employer may agree to release say........80% of the FnF amounts.

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called Incentive circular?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

 

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

How long you have worked with this company?

Don't remain entangled with HR. Escalate to appointing authority,MD,Chairman.

 

 

tannu   25 June 2015

Hello , 

 I was working with a IT Company since 1 and  3 months.  In april month i got ill and i have applied for one month leave , HR refused my application of leave and told me to give resign,due to health issues I have given the resign and my resignation was accepted by the HR. For my dues they told me to wait for 45 days and I have called and mailed them many times after completion of 45 days. They refused me to clear my dues and experience letters as well. and told me that they are putting the legal notice on me for working for other company from their company which is totally false(Wrong complaint, I have not done such things from that office) . But i have not got any Legal or illegle notice till now. They do not want to to pay my salary amount . Now i am confused what i should do. Please tell me what I should do in this matter. 

Thanks

 

Kumar Doab (FIN)     25 June 2015

 

@ Tannu,

Falling sick is not misconduct. Termination during sickness can be a bad order.

Did you submit leave application under proper acknowledgment?

Did the HR decline to approve leave in writing?

 

Did the HR demand resignation in writing Or did you record the call/meeting and do you have any evidence?

 

Did anyone decline to pay on record/level false allegation/threat to sue Or do you have any evidence?

 

If there is wrongdoing by you then why should you be afraid?

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called Incentive circular?

 

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

 Do you have copy of resignation and POD and acknowledgment/acceptance of resignation issued by company?

Did you submit notice of resignation or resignation with immediate effect?

 

What is the notice period inserted in appointment letter issued to you?

 

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

How long you have worked with this company?

 

tannu   26 June 2015

Thanks for revert sir,

I have applied leave in written mail, then they did not give any reponse regarding the leave. After that i have call on office phone and she refused my application to give resign. I have given the resign in written as well and got accpetance mail from HR department of the company. I have put so may mails regarding salary but they are not going to revert me back on the same. It is commercial organisation. maximum peron is 45. OFiice is in Chandigarh IT Park. 

I was working as android developer there , I have appointment letter and salary statements with me. Notice period in the appointment letter was 45 days, and due to medical problems we can take leave with the medical certificates , Salary was 16000 per month and i have worked 1 year and 3 month in the same organisation.

They are not reverting any mail now onwards in fact harassing me on the same

 

Thanks

 

Adv Prashant Shinde (Advocate)     26 June 2015

You can also meet to Labour Commissioner

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