Protection to Employees in IT sector
UJWALA BHAT
(Querist) 29 July 2011
This query is : Resolved
Dear Sir,
My husband is working in a IT company based in Hyderabad.He is working here since 2 years. Last month he resignedon getting a better opportunity in Bangalore. We basically belong to Blore. The company at first persuaded him to continue and did not give an acceptance to his resignation. He disagreed and did not change his decision. Later it was mutually agreed that my husband will complete his notice period and complete all formalities. Now they want to relieve him this month end itself as he is a costly resource and there is no new project in hand! My husband cannot join the Blore company as he had already communicate that he will join only next month.Also, we had planned for moving accordingly. Now he is losing 15 days salary for no fault from his side and but due to the shortsightedness by his company. They also want to pay only till 29th as 30th and 31st happen to be week end.Please advice what legal action we can take against the company and also if Industrial Disputes act apply in this case.They have not given an acceptance of resignation also.He is informed that he will get it along with his relieving letter and experience letter after 15 days which is also absurd. Pay also has been delayed in the last two months for all employees citing inadequate reasons.Please advice.
Devajyoti Barman
(Expert) 29 July 2011
Your husband does not fall under the purview of Industrial Disputes Act.
There is no separate law covering the disputes of white collar personnel in the private sector.
First it needs to be seen whether the company has indeed violated the terms of job contract, if any.
Secondly if that is not so then it has to be established that due to reckless acts of his employer your husband suffered loss or damages to a large extent.
For these things your husband definitely can take to civil suit for damages which however to your misfortune would take years together to see the final conclusion till then he may likely to expend more than what he has borne.
UJWALA BHAT
(Querist) 29 July 2011
Dear Sir.. Thank you very much for your reply..Please let us know if Industrial Disputes Act does not apply in his case.. then which Act applies to an IT company.. is it the Shops and Establishment Act of the state? Which department should we have to approach?.. Please confirm..
Devajyoti Barman
(Expert) 30 July 2011
Nothing, you have to simply file civil suit either for recovery of money or for damages.
venkatesh Rao
(Expert) 30 July 2011
Barman ji is absolutely right. U r not without relief. U can bring a civil suit under contract act. Natural Justice, ethics are some of the words missing in the dictionary of the IT world.
K.S.Srinivas
(Expert) 31 July 2011
The respected expert Mr.Barman's advice may please be followed in the present case.
UJWALA BHAT
(Querist) 01 August 2011
Thanks for all your advice!
