Employer harassment(no confirmation after 10 months)
Rahul Kapoor
(Querist) 15 August 2017
This query is : Resolved
Hello Sir, My name is Rahul. I have been working in an organisation(RML Agtech Pvt Ltd) for last 10 months. They have a probation period of 6 months after which confirmation is done but i had received no mail from HR regarding the same.I had talked to my HR several times but nothing hapenned.Now yesterday i called them again for the same.But to My Shock my supervisor called me and said they are not confirming me and asked for my resignation without any specified reason. They are also not giving me anytime. My performance has also been good throughout. Request your valuable suggestion on this as the organisation has totally harassed me in this case and has always taken things for granted. They treat all employee like slaves and keep on hiring & firing in the same way. Sir,Please reply ASAP as the organisations like these should be penalised and taught a lesson so that it should not harass others like this Thank you
Guest
(Expert) 15 August 2017
Mr. Rahul Kapoor,
Is there any sense in continuing with such an organization, if as per your statement, "they treat all employees like slaves and keep on hiring & firing in the same way"? So, with what specific interest you want to continue with the said organisation?
Better, switch over to some good job, where you may not be treated as a slave and you are able to work honourably.
However, if you have decided to take up cudgels against the organisation to teach them lesson, as you said, "the organizations like this should be taught a lesson," and also fully prepared to kill your prime time, energy, besides wastage of your money, you may contact some local lawyer, tell him complete detail of the case, and get the case filed in the dcompetent court of law. Nobody can prohibit you.
Kumar Doab
(Expert) 15 August 2017
All transaction by you and to you seem to be verbal.................e.g; by you to HR, HR to you, supervisor to you, you to supervisor...
Including demand of resignation from you.
Isn't it?
Kumar Doab
(Expert) 15 August 2017
The real harassment may start now.
If you submit resignation with immediate effect...............your dues may be squared off by adjusting the notice pay.
If you tender notice of resignation; collect all evidence of performance ( Tgt Vs perf.), KRA's and Perf, Salary slips of all months, PF a/c number and a/c slips of all years, ESIC card, Form16 of last financial year, and be alert and don't give any opportunity to anyone to charge and blame you on any count e.g; loss, Non completion of tasks, misconduct etc etc...................
The employees may stand united and ready to be witness to each other, if possible and workable..............
Firm up your next venture ASAP in an establishment that has good HR practices and bid goodbye..........
Kumar Doab
(Expert) 15 August 2017
Tender notice of resignation under proper acknowledgment and final resignation on LWD.
Mention in notice of resignation about your good performance and request to arrange to provide on LWD the acceptance of resignation, correct FnF statement (showing computation of earned wages, bonus, leave encashment,incentives, reimbursements,OT etc etc, payment of FnF dues as per correct FnF statement , Form 16 as per correct FnF statement, service certificate, relieving letter (with good comments on conduct and performance), acknowledgment of handover of charge/assets, NOC/NDC etc etc
You may mention that NO tasks are pending at your end and routine duties that can be completed on day to day basis within and upto LWD ( notice period) may be assigned to you...............
Rajendra K Goyal
(Expert) 15 August 2017
Legal steps may not fetch immediate or may not fetch favorable results.
First search for another job and afterwards discuss with local lawyer to proceed if you want.
Kumar Doab
(Expert) 15 August 2017
Employment is not marriage and employers and IT's attorneys in Line Management/HR/Personnel/Admin/Legal cells do not treat employment as marriage or sacrosanct........and separation as say;divorce............
The decisions are quick, self-centered, selfish..................
You have seen a live, real life example happening with you, despite the fact that you have posted that your performance is good................
So your approach should also be realistic, practical, in response to self-centered, selfish approach of employer and IT's attorneys...........
Kumar Doab
(Expert) 15 August 2017
Dear LCI Querist @ Mr. Rahul Kapoor,
While you posted your query you wanted to know what all can be done and heartfelt response has already been posted for you...............
It is felt that you did not post to get some ignorant old man's advise ; BUDHA BABBA....
So let us appraise you with some more inputs and you can take your own time to understand and apply in future.............
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? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
