Valid group to use against employer
Vijay
(Querist) 30 May 2014
This query is : Resolved
Hi
I joined IT mNC in Pune,but from last 7 months they could not alot project to me
1)
Location - You will be based in Pune but the Company may require you to work at other Company locations and on customers' sites, both inside or outside India. The Company will seek to give you reasonable notice of extensive travel requirements, and to take into account your personal circumstances where appropriate.
Now initially I told I am ready for short term relocation only but they could not find any ,later I told reason as I have leg injury .
now its due to personal things that I have relatives in pune and not other area ,I cant relocate,they want it to writtent by dr,is that valid?
2) they threatning me to remove from job,but at least I shld have 3 months salary,as per below
Notice Period/Termination - This contract of employment between you and the Company may be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof. However release from the services of the Company will be subject to satisfactory handover of the responsibilities assigned to you.
In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instructions of any member of the Company or being guilty of misconduct, the Company
may terminate your employment forthwith without notice.
During the period of this employment you should not draw, accept or endorse any cheque or bill on behalf of the Company or, in any way, pledge the Company's credit except so far as you may have been authorized by the Company to do so, either generally or in any particular case.
During the tenure of your employment, the company may incur training/ certification expenses on you.
In the event you leave our services within a period of 24 months from the date of training/ certification, you may be required to reimburse the entire training costs including any travel costs related to the training. Depending on the expenses involved, you may also be required to sign a
service agreement with the company for a specific period, which will be indicated to you at that time.
Your employment will be subject to the following pre-conditions:
1. You obtain a clear discharge from your present employer.
2. You provide two satisfactory references, one being from your current employer.
3) Now company did not documented any where that there is no 9 hours working policy so I did not attneded office for 9 hour,but after clarification by GM I am attending,will they hold it against me?
malipeddi jaggarao
(Expert) 30 May 2014
You have to abide the terms and conditions of the appointment. You cannot choose place of relocation and the term. They are right in insisting Doctor's certificate for the injury so that they can assess whether you can be relocated or not. You cannot dispute their number of hours policy etc.
With this mind-set it is difficult nowadays to secure a job in private sector. You have to change yourself.
Kumar Doab
(Expert) 30 May 2014
Did you declare leg injury in personal details/medical history………………….in job application submitted by you?
Or did you suffer leg injury after this appointment?
If there is a medical record/certificate issued by the doctor then you can submit it.
The company can take a call on it and assess if you are fit for the job you were appointed and may change your portfolio or even decide to end the employment………….
If you do not want to continue you can always resign by tendering notice of resignation, handing over the charge.
Remain careful while being sent for any training as you would be required to sign various agreements and refund of training expenses.
Although the training if any required to perform the tasks of employer for employer should be without any cost to employee……………………………..you alone would know what kind of training is that and how to handle the situation.
Seek help in person from a lawyer with all docs on record.
The work hours are 8/day::::: 48/week excluding breaks for lunch/tea etc……….
If employee is made to work>8hrs/day,48/week OT shall be applicable.
The service conditions in IT company in Pune shall be governed by Bombay Shops and Commercial Establishments Act , as per which standing orders shall be applicable if the establishment employs 50 or more people.
Hence you ma go thru certified standing orders of the company and if these are not certified then Model Standing Orders……………………
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
Expert Mr. Kumar Doab has explained the service conditions and other aspects in detail which may follow it. You must also bear in mind the condition imposed by the company reproduced below will be invoked by them for any revolt against them:
"In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instructions of any member of the Company or being guilty of misconduct, the Company may terminate your employment forthwith without notice."
As rightly advised by Mr. Kumar Doab, you be very careful in accepting new training program in which you will be required to sign new contracts/conditions, thus it will be useful to you if take the advise of a local lawyer under such circumstances.
Vijay
(Querist) 01 June 2014
Thanks Mr Kumar and Kalaisekvan
1) I got injury after appointment and infomed them already
2) In discussion HR said ,she may declare me medically unfit ,but company has policy ,I seen one lady in office with both legs not working
3) I hv no issue in resign but in that case relocation amount etc I needed to refund
in IT never OT is given ,belive me
Also browsing through internal site of company I got discovery that there was one job profile I got selected,after 9 months still its vacant and they are not letting me join it saying its decision of manager person
Kumar Doab
(Expert) 01 June 2014
>>> The female HR can’t declare you or for that matter anyone medically unfit.
She might be the one to initiate the process.
Only a Medical Board can. In case of Knee Disorder the Orthopedic Surgeon shall be involved.
Usually the authority to provide ‘Disability’ certificate is with Civil Surgeon in cities.
In Pune you can find out who issues it? If deemed fit you can consult them and obtain the degree of disability that you suffer from.
The persons with Disability have certain rights and rights can be protected.
There are laws and there are highly informed and active activists, NGO's for the disabled....................
You may find many threads on it as indicative and relevant e.g;
http://www.lawyersclubindia.com/forum/Can-I-be-fired-for-being-dyslexic--75824.asp#.UTCg7UrxG8A
>>> Transfer:
Generically Speaking: Can employee be transferred if there is no clause in appointment letter, standing orders on transfer and express consent of employee?
The answer seems to be until standing orders contain provision “Transfer” the employer can not pass order of transfer based on either the order of appointment or Standing Orders…………….
>>> OT:
The work hours/OT/leave etc is stated in:, Factories Act,1948, (Name of the state) Industrial Establishments (National and Festival Holidays) Act, 1963, and (Name of the state) Shops and Commercials Establishments Act ……………………………………….
You are grossly wrong in pin pointing that IT companies never pay OT.
The employee should claim OT in reasonable time and employer should pay OT along with monthly wages on usual pay day.
The employee should keep record of OT e.g.
The instructions of Manager to perform some task beyond specified office/work hours, on off days/holidays etc, and submit report of work done and build written record……………………….
The companies, Line Managers, HR personnel are known to issue verbal instructions and claim that employee stayed on and worked on his own/by sweet will…………………………………………….to complete unfinished tasks…………………….and even that employees leave unfinished tasks just to do OT!
The companies are known to provide fancy designations and convince the employee’s and even lawful authorities that employee belongs to ‘NON Exempt category’ for OT but in reality the employee may not be Non Exempt……………………….Your Labor Consultant/Service lawyer can help you with it.
Your lawyer may opine that you can also approach Inspector under Payment of Wages Act, Bombay Shops and Commercial Establishments Act………………………….
There are many threads at LCI and internet:
http://www.lawyersclubindia.com/forum/Working-hours-100706.asp#.U0jhTEeBmXU
http://www.lawyersclubindia.com/forum/Maximum-working-hours-day-in-it-company-working-5days-a-week-77855.asp#.UkRK_9KAqWM
http://www.telegraph.co.uk/news/worldnews/europe/germany/10276815/Out-of-hours-working-banned-by-German-labour-ministry.html
The Unions can take up the larger issues for bigger causes of employees.
>>> If you were not appointed at the position for which you had applied and was selected, you could have escalated the matter to appointing authority on joining in writing………………….
In case company terminates or you are asked to resign then relocation expenses may not necessarily be payable………………………………………
If you are asked to resign then you can record (audio/visual) and state so in notice of resignation……………………………….Avoid submitting resignation with immediate effect.
Your lawyer can advise you after going thru
the docs on record……………………
>>>You have initiated many threads:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo
http://www.lawyersclubindia.com/forum/details.asp?mod_id=102642&offset=1#.U4rKBkeBmXU
http://www.lawyersclubindia.com/forum/details.asp?mod_id=102628&offset=1#.U4rLPkeBmXU
http://www.lawyersclubindia.com/forum/details.asp?mod_id=102759&offset=1#.U4rLrUeBmXU
and by now you know that in Pune you can approach Lawyer’s par excellence, and you have the details of IT/ITeS employee’s unions, Trade Unions………………………………………………………..
In other threads you have mentioned that you have paid the amounts claimed by your Ex. Company………………..although you could have consulted your lawyer/Employee’s unions/Trade Unions…………………………….
We can’t tell you about the fee, legal notice charges of a Lawyer……………………………………..this you have to find out and settle with your lawyer on your own………………………….and for that you have to go and meet your lawyer in person.
You can search the LCI data base if you wish at;
http://www.lawyersclubindia.com/lawyers_search/#.U4rfykeBmXU
Learned senior expert Mr. Jadadish Paranajape at Pune is expert in labor Law.
You can visit his profile and establish contact.
>>> If an employee with disability in both legs can be allowed to remain in employment then Why Can’t you who applied for 1 day leave for Knee Examination, can’t be allowed……………………………
It is not clear whether you underwent Knee Surgery or not……………………………and whether you informed the medical history to your company or not……………………………..? There is no need to fake, conceal and remain secretive!
The employee need to learn and understand that they should remain amiable and performers and such employees are kept in employment despite the fact that they have some kind of and even high degree physical disability…………………………………………..
The employees should develop rapport, goodwill and acquire persuasion, persistence, reasoning, negotiation skills…………………………………These skills can be acquired.
>>> You may feel that you still need legal advice and you can avail it too.
Enough has been discussed in threads initiated by you.
We feel that you need elderly and wise advice too.
Elders in your family, competent and experienced well wishers can provide useful counseling.
Spend quality time with them too.
Vijay
(Querist) 01 June 2014
Dear Mr Kumar
I very much thank you for your persistence and help full nature,first
its very rare in this forum also that than giving sarcastic reply some body giving help as a well wisher
1)as already stated ,I hv informed my employer about injury.suregory not possible due to some complications
2) as u have gone in my past comments,stil there are unlawfull things going on company,OT is one of them ,lets skip that for discussion when the situation comes
3)I had many cheating from company
as I joined for one job profile in pune,they told me to join me to chennai ,in email they said it was short term project but it become long term,I was in pune for one month for my deputaion and they could not send to to chennai due to billing issue, I asked project exit.from last oct literaly on bench
I proactivly applied for many openings etc but no avail.
as far elders you are same for me..
plz let me know if any more details needed
Kumar Doab
(Expert) 01 June 2014
If you are on bench since Oct13 i.e. 8 months you are vulnerable and probably in list that too on top for termination................
Are you being paid full wages............ every month...............on usual pay day..............and with salary slip?
If yes you are fortunate......................and even if NO...................it is the time to look for another employment ASAP.
Best of Luck!
Vijay
(Querist) 02 June 2014
I am doing much internal work,not sitting idle,but yes, stil unbillable
company has allocated me for some job profile and they kept it vacant forcing me to relocate
yes,getting salary with slip
