Anonymous
25 March 2011 at 13:14
Respected Sir / Madam,
I reside in Mumbai & was employed with the largest BPO company of the world in its Mumbai office for 2 & half months.
During my training I used to get harrassed by one of my batch mates, he use to harrass me daily in the training class in front of the trainer.
But the trainer did not use to pay any heed to it.I had escalated the issue twice to the HR & the trainer via email. But they did not take any action on that guy. Since i had escalated the issue so the guy wanted to take revenge on me.
On 19-1-11 when we were returning home in the same office transport,that guy abused me for no reason & started beating me inside the car & dragged me outside the car & severely beat me. Seeing this a large crowd gathered on the road & wanted to lynch the guy.
But I made the driver rebound the car back to the office & met with the training managers & HR upon returning to office. I sustained injuries in my rib-cage for which i had to visit the doctor, undergo X-Ray & medication.
The HR assured me that they will take action on that employee. But after 15 days they said they have done investigations & had found that I was equally involved in the fight (which was sheer untrue).
Even after the incident I used to go to office almost daily & once during my shift the HR called upon me & asked me to write a false statement, stating that I was equally involved in the fight so I want to resign on personal grounds, which was absolutely false.
When I denied to write that "false statement", they said if I do not write that statement, then I will be terminated.
Hence they sent the "termination letter" to my address on 3-2-11, as I was under "Probation period" as per the appointment letter.
Although the "subject" of the letter said "termination letter" but it did not mention neither the incident nor the reason for termination.
It only mentioned that I "was not found suitable for the job" & so they are terminating me. They have given 1 month salary as compensation, but I was entitled to receive joining bonus as per appointment letter, which they have denied to give.
Now, I want to sue the company for their gross injustice & the negligence of the HR to handle the issue effectively & also to get monetory compensation.
As evidence,I have the copies of the email complaints against that guy in my mail box, which I had sent to the HR & the trainer before the incident took place.
I also have recordings of the telephonic conversations with the HR after the termination.
The HR terminated me because even after repeated escalations they failed to control that guy & take necessary steps to ensure my safety in the office premises & office transport. As the HR was negligent, irresponsible, incompetent & failed to do their job appropriately even after multiple escalations. Hence to save themselves from questioning by higher authorities, the HR sacked me illegally.
So could you please advice me whether I have valid reasons to file case against the company or not & what else, as evidence I would need to defeat the company in the labour court to get monetory compensation or get re-instated.
I will be very grateful to anyone who advices me in this regard.
With thanks & regards,
Anonymous.
Anonymous
24 March 2011 at 12:59
Sir,
I was working in the govt. autonomous body and in the year 2002 the high powered committee of the autonomous body in its meeting where the then Minister of the Ministry under which autonomous body was regulated, former president of india, former m.p. and renowned scholars being members were present and took a unanimous decision. The contents of the same are "it was decided that the persons who were appointed in the project since 10-20 years may face problem to get regular job outside and it is decided that their cases may be considered for regularisation without affecting the seniority of the regular staff of the institution. This decision came into black and white and circulated through minutes and Member Secretary also forwarded these minutes to the concerned officers for 'necessary action'. But this decision was not implemented and no order was issued except releasing of these minutes.
My question is - Can we go to the Hon'ble High Court for the implementation of the above regularisation of services decision.
Can we refer case of previous CVC - Mr. P.J. Thomas case where Hon'ble supreme Court mentioned that court is not liable for framing policy decision but is responsible for legality of the same.
Kindly advice me at the earliest, please.
Anonymous
24 March 2011 at 12:41
We are placed in a govt. statutory body through outsource agency. The govt. statutory body is paying the minimum calculated amount to the basic pay of the concerned employees to the outsource agency and the outsource agency in turn after keeping its delibterated amount with these employees pay the same to its employee. Now, a bids have been floated for the outsource tenderers and the lowest tenderer has been selected. Now, the new outsource agency is pressing for reducing the salary amount which was earlier paid by the previous outsource agency. My question is whether is there any rule where it is said that the existing salary can not be reduced by the new contractor. If there is any rule or govt. circular, the same may kindly be very helpful to us and please intimate the same to us.
girish narayan nemade
23 March 2011 at 16:40
Dear sir;
I have got a good offer from a compititor company of our company and i have kept my pepers in my company; notice period of my company is 60 days and i have got 40 paid lives balance of last and this year in such case i have kept notice period of 25 days so my 60 days would be completed and my boss dont want to relive me due to cotingency of work previously also he didn't relived me when i wanted to live the job. our HR says that my lives would be compensated but i dont want to go for that and my boss is forcing me to stay in my existing company so please suggest me some legal way to get my self relived from my existing organisation.
Kirti Kar Tripathi
22 March 2011 at 16:22
Whether resort will fall within the scope of Hotel as an establishment as defined in 2(ii)(g) of the Payment of Wages Act, if not, can any body provide me any citation.
Anonymous
22 March 2011 at 15:38
Hi,
I joined a MNC IT company and after 2 days of joining formalities I didn't go to office due to personal reasons.
Initially the company sent me 3 letters regarding my asbsence from work to which I replied them on e-mail that you can go ahead and terminate me but I cannot join back due to personal reasons.
Now, the company has sent me the letter that "We assume you are leaving the job on your own violition. When we settle the dues, we reserve the right to recover the 2 months salary in lieu of notice period".
Please help me how shall I approach this situation.
Thanks for your help.
Dhingra P.S.
20 March 2011 at 11:03
Happy Holi to all the Experts & other Members of Lawyers Club India.
Anonymous
19 March 2011 at 16:18
Dear Sir/Madam
A big Company has taken over my small Company.
The Big Compnay has forced me to sign a resignation letter and gave me ex-gratia payment of only 9 months. I have signed the resignation as they were giving threats of humilation and termination.
I worked in this Company for 15 years and I had requested the minimum for 15 months salary, i.e. one month for every completed year. The Company has refused.
Can you please advise how can I claim compensation for 15 months or more and other recourse.
What are the legal safeguards for me.
Appreciate, if you forward your advise as fast as possible, as time is running out for me.
Thanks and Regards.
Anonymous
18 March 2011 at 13:15
Sirs,
We have 200 employees in our factory. Out of them 190 employees are drawing more than Rs. 15,000/- w.e.f. 1.5.2000.
Rest 10 are Trainees drawing a lumpsum salary of Rs. 8000/-.
ESI Authorities raised demand notice and show caused for all 200 employees on an assumed salary of Rs. 8500/- and demanded @ 6.5% per month from 1.5.2010.
My query is since 190 employees are drawing more than Rs. 15,000/- the statutory limit fixed under ESI Rules, upon production of proof of salary payment, can the demand be reduced to the balance 10 trainees on their salary of Rs. 8000/- @ 6.5% on the number of months.
If the trainees, gives a declaration that they are provided superior medical/hospital facilities, can ESI drop the demand for these 10 Trainees, or still they can insist for payment for these 10 trainees.
Thankful for kind guidance in the matter.
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Difference between Hotel and Resort
What is the difference between Hotel and Resort. Whether a resort can be teated under the scope of term Hotel for the purpose of payment of employees under the Minimum Wages Act.