Retaliation against whistle blower
KUMAR SHAH RS
(Querist) 05 February 2015
This query is : Resolved
I work for a multinational in India with Global HQ in US & Germany. Few months back as per the organisation “Code of conduct” I escalated few HR & operational issues challenging the working style of HR & Business Head. Specific details with supporting info was shared with Local compliance, Global Top Management, Global Audit & HR. I got acknowledgement mail assuring 100% protection against retaliation as per “whistle Blower Policy”. Somehow the info leaked to concerned officials (HR & Business Head). They’ve blocked my laptop & mail access without any reason & wish me to resign immediately on legal 100 Rs. Stamped paper. They are so powerful that no body is listening to me & I’ve been threatened that my settlement shall not take place if I do not resign on stamped legal document with following clauses:-
1) upon payment/ full and final settlement of all my statutory and contractual dues in connection with my employment in the Company or separation thereof (as set out in Annexure-I), I (including my legal heirs and successors) shall have no Claims whatsoever against the Company or any of its affiliates, representatives, officers, employees, directors, clients, customers, vendors (“Associates”) including but not limited to claims based on applicable laws, regulation or ordinance having any bearing whatsoever on the terms and conditions of my employment with the Company and cessation thereof. Further, I waive any future Claims whatsoever that I or any of my successor or heirs may have against the Company or any of its Associates and represent that neither I, nor any person acting on my behalf has or will file any actions, complaints, charges, grievances or arbitration, administrative or judicial proceedings against the Company or any of its Associates. For this purpose, “Claims” means all actions, claims, demands, suits, proceedings, liabilities, sums of money, damages and costs arising from or relating to (whether directly or indirectly) my employment with the Company and my resignation thereto, including without limitation, any retirement or pension benefits, annual leave, severance or redundancy payment, notice (or payment in lieu), gratuity, allowances, bonus, incentive or payment on any other account whatsoever and whether or not the Claim arises or may arise under contract, tort, equitable principles or statute.
2) I will indemnify, defend and hold harmless the Company from and against all or any damages, claims, penalties, fines, costs that are or may be paid or incurred by the Company as a result of, arising from, or in connection with, or relating to any misrepresentation, fraud, negligence, breach and/ or failure of performance (in whole or in part) by me of any representation, undertaking, obligation or covenant contained under my appointment letter dated 12th March 2012 (“Appointment Letter”), the internal policies of the Company, or the terms of this letter or breach/ violation of applicable laws in India;
If I do not sign they are not willing to settle my account. Also they are so powerful that they can create misrepresenting facts by pressuring some low designated employees in the organisation. My 2014 performance is B-90 points (partially Achieved) & A grade starts from 91 points.
Please guide what should I do??
Kumar Doab
(Expert) 05 February 2015
It is not clear what is precisely your goal: to protect your employment, punish your suppressors, walk out with payment of settlement that you are eligible……..,avoid termination….or succeed to press huge claim of damages?
What is your designation and nature of duties?
What is this establishment ::::registered as commercial, industrial?
Does it have its CSO (certified standing orders) and is your designation covered by CSO?
You have posted that:
"They’ve blocked my laptop & mail access without any reason & wish me to resign immediately on legal 100 Rs. Stamped paper. They are so powerful that no body is listening to me & I’ve been threatened that my settlement shall not take place if I do not resign "
"If I do not sign they are not willing to settle my account. Also they are so powerful that they can create misrepresenting facts by pressuring some low designated employees in the organisation. My 2014 performance is B-90 points (partially Achieved) & A grade starts from 91 points."
Do you have irrefutable evidence of above (audio/visual/unshakable witnesses/minutes.........)etc?
If you have evidence then the conduct can be termed as coercion,intimidation,offence,deemed termination……..etc and it can have civil and criminal implications…….
It is felt that your grade is an underlying factor and what is happening is as per pre decided script. Since you are protected by ‘Whistle Blower Policy’ other options are being pressed upon you by these seasoned and hardened HR personnel/Line managers…….!
You can resign without signing on stamp paper and scripted draft on it....
Your Labor Law Consultant/Service matters lawyer/law firm/Lawyer specializing in criminal law………………………………can opine on various option and merits and remedies……………after examining each document on record and your inputs in person………
Your counsel may opine that Unpaid promised payouts and earned wages are debt on employer and complaints u/s 406,420 can be filed and winding up petition can be filed……….
There are judgments showing that Asst. Vice President succeeding in winding up petition….
