Mental harassment,exploitation & harmful intent to damage one's professional career prospects
Ashish
(Querist) 07 April 2013
This query is : Resolved
Hi,
I'm currently working at TCS, Gurgaon. I have been constantly harassed mentally during the year & has been victimized in the annual appraisal cycle, because of the ego problem of my senior. Due to this my appraisal has been screwed & my promotion due this year will get delayed.
The point of conflict is that, I refused to come on Weekends until my cab request is approved by them, which was taken as an ego issue by my senior. Whereas, other male & female team members of mine were approved of the cab, but I was denied(not given any reason for the same). I have the proof of it.
Also, they asked me to produce Medical certificate even for 1 day of sick leave, which is in violation of the TCS sick leave policy(which asks for MC for 3 or more days of leave). I have proof for this also.
They are trying to play with my career, keeping me till the last moment in the project & then releasing at just the appropriate time, so that they can screw my appraisal.
They have asked me to come on 26 Jan, I came & still they accuse me of my Unavailability for work.
Please guide me if I can approach labour court in such a scenario & under what sections can I get my case registered?
Devajyoti Barman
(Expert) 07 April 2013
You can lodge complaint with the Labour Commissioner nevertheless.
Bring attention of the top echelons of the TCS may also yield desired result.
H.M.Patnaik
(Expert) 08 April 2013
Hi Ashish,
You are not covered under the labour laws as you you will not come under the definition of Workman as defined under the Act.
Pl. approach the HR head of the company with your problem in writing for redressal of grievance inside the organisation .
If it does not yield any result, for suitable legal remedy consult an experienced local lawyer.
Adv k . mahesh
(Expert) 08 April 2013
yes you does not come under labour court better to consult a local lawyer who will draft a detailed explanation and discuss with your head of the department
prabhakar singh
(Expert) 08 April 2013
These are private jobs.Either litigate for life with these giants or never make issues
with them.
Raj Kumar Makkad
(Expert) 08 April 2013
All aspects of the query have already been replied well.
Kumar Doab
(Expert) 14 April 2013
Learned experts/members have given valuable advice. Kindly follow it.
The episodes you have narrated in this thread bring out the discriminative approach of line management which seems to have become vindictive, zealous and bent of damaging the career and prospects.
Employee should be smart enough to realize the time to bid goodbye.
You are working with a good brand. Without having an adverse entry/noting against your name you may strike another opportunity with even bigger company at a better position and better remuneration.
The best place to fight corporate is the market place.
One alternative you wish to peruse is to submit under acknowledgment (with a copy to you, preferably by a letter) a gentle representation to good offices of appointing authority, MD, Grievance Redressal Cell.
While you write avoid emotional outburst, and be specific, concise, and precise. Usually companies having good HR practices act internally but the management may transfer some onus on you as well. The HR may not like that dirty linen is washed in public. It may spare the line managers with some reprimand or it may give them a clean chit. The episodes you have posted may have tactical approval of their masters. They have to retain the workforce also.
You need to apply your judgment.
For work to be performed on off days it shall be better to obtain written communication for attending office on off days and submit OT claim in reasonable time.
“If an employee works for extra hours voluntarily and without any direction by the
Management, the claim for overtime will not be admissible;”
Company may not be issuing direct communications for OT, but may resort to tactical directions thru line management/HR. If the employee is SMART, employee shall lodge the claim in time and keep copies of tactical directions of line management/HR.
The company may claim that you belong to non exempt category and are not eligible for OT. This statement in all probabilities would be verbal.
For work on National Festivals & Holidays double wages/compensatory off as per rules prevalent in your state should be awarded by the company. Company must have incorporated it in its leave policy.
THE PUNJAB INDUSTRIAL ESTABLISHMENT (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL
AND SICK LEAVE) ACT, 1965 (6.1 – 6.6)
5. Wages.
(2) Where a worker works on any holiday allowed under section 3, he shall at his option, be entitled to—
(a) twice his average daily wage for that day, or
(b) his average daily wage for that day and a substituted holiday will his average daily wage on any other day within ninety days from the day on which he so works.
Designation alone does not decide employee is a workman or not.
You may approach a competent and experienced labor consultant/service lawyer. Your lawyer may ask you a set of structured questions and may opine that you are covered within the definition of a workman.
IT/ITES companies are covered under Shops and Establishments Act of the state. Haryana follows SE act of Punjab.
http://hrylabour.gov.in/page.php?module=shops_act
Some states had granted blanket exemption to IT companies from the provisions of IESO Act. It is felt that states of Karnataka, Tamil Nadu, AP, Orissa, Rajasthan, Madhya Pradesh, Haryana had granted such exemption out of which Karnataka has already issued orders for submission of draft standing orders within Dec, 2012 for certification by Mar, 2013.
You may check with officials in O/o Labor commissioner, SE Inspectorate……
http://hrylabour.gov.in/page.php?module=pages&pid=5
Most of the SEZs do not have to comply with this law.
Hi-tech Habitat/ITT Complexes/private Software Technology Parks
(STP)
13. Self-certification/exemption from various Acts :
Self-certification/exemption for the IT Software Industry shall be permitted as far as possible regarding requirement of the Factories Act, Employment Exchange (Notification of Vacancies Act), Payment of Wages Act, Minimum Wages Act, Contract Labour (Regulation and Abolition) Act , Workmen Compensation Act , Haryana Shops and Establishments Act ; and Employees State Insurance Act
You may go thru interesting publications at, and retain a touch with some of the leaders who are well informed and brilliantly intelligent and can update you non the :
http://www.rediff.com/money/2005/oct/06bspec.htm
http://www.siliconindia.com/shownews/Should_IT_companies_allow_trade_unions-nid-67674-cid-1.html
http://www.answeringlaw.com/php/displayContent.php?linkId=1196
The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.
West Bengal Information Technology Services Association (WBITSA): This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).
"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told………..
"It is not going to be easy. Already, we have begun the process to hold consultations with many senior IT employees in places like Kolkata [ Images ], Bangalore, Chennai and Trivandrum (Thiruvananthapuram). We do hope to establish a proper union soon," Pandhe pointed out.
Left leaders say there is also already tremendous backing from the Union of Network International, a global alliance of 900 trade unions, to forge an IT industry workers union in India.
However, a number of organisations for IT professionals now exist at the state level in Hyderabad (in Andhra Pradesh) and Bangalore (in Karnataka [ Images ]).
"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.
There are other forums e.g:
'IT Professionals Forum.' (http://www.itpfindia.org/in).
IT/BPO Voice of India | Facebook
UNITES Professionals
http://www.unitespro.org/
http://www.itecentre.co.in/node/104
9620907912
contact@itecentre.co.in
www.itecentre.co.in
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com
http://ithiworld.wikispaces.com/News+Update
H.M.Patnaik
(Expert) 14 April 2013
Mr. Kumar has given a finer look to Your problem and focused particularly on IT industry.You can take a cue from his suggestions.
Ashish
(Querist) 15 April 2013
Hi Mr.Kumar,
It definitely seems to be a malicious intent on the part of senior management to harm my career prospects.As far as question of coming on weekends is concerned, I have mail proofs(asking to come on weekends) & have claimed travel expenses(which are not approved & went to Auto-Cancelled). Indecent /Inappropriate wording has been used while my appraisal discussion process. I have already escalated to top echelons in TCS,& have had couple of meetings held with my immediate seniors here, still then no satisfactory resolution is available. I'm awaiting for final discussion with the Corporate HR now. My question is can I take to task these people on Violation of the Company policies & on basis of unethical conduct??
Raj Kumar Makkad
(Expert) 15 April 2013
You can definitely seek remedy against the wilfull disobedience and violations of their own rules affecting your career.
