Company framing me and threatning to take legal action

You have submitted your resignation by email and have submitted company property apparently without obtaining acknowledgment/receipt. However you have mentioned in your email that you have submitted company property. You should have obtained the acknowledgment. Your CS has given verbal concurrence on acceptance of resignation in office and you could have mentioned it in your resignation letter.

As on date your resignation is not acknowledged or accepted in writing.

The company might have recorded that you are absent and have absconded/abandoned the employment and the allegation leveled on you might be to pass penultimate order of termination and harass you.

It is always better to resign by letter under acknowledgment.

If in your appointment letter during probation period notice period/pay is not applicable there is no need to tender notice period/pay. If the company raises an objection in writing you may clarify by citing the clause of appointment letter.

You are being bothered by threat of complaint in National Skill Registry started by NASSCOM, and email alleging malpractices and legal action which might be taken if you do not report to company.

Employee should record threats {audio/visual} and keep some evidence/witness.

Apply your resources and gather information what misappropriation company has decided to allege and keep your defense ready. Narrate everything to your lawyer and do not conceal anything.

It is felt that you may approach a competent and experienced labor consultant at your location with copy of your appointment letter, standing orders of the company, service rule book/HR policy, copy of resignation; emails etc and submit a structured reply to the email. Your lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Indian Labor Laws limit the choice to employer. Designation alone does not decide employee is a workman or not.

If you attend office you may some witness with you or your lawyer or trade union leader { become a member of one union of your choice}and if possible record {audio/visual} and after attending the meeting submit minutes of discussion.

If the company levels allegation then company has to prove it.

Company has to provide you the opportunity to explain and natural justice.

NSR is for IT/ITES/BPO companies. It is not understood how come an education institute be an IT/ITES/BPO company?

If it is IT company then state of Karnataka has ended the blanket exemption granted to IT companies from IESO Act and all companies may frame certified standing orders within 6 months time and till then Model Standing Orders shall apply. The IESO Act/Model Standing Orders may be available at the Dept. of Labor website of your state or you can buy from market.

SCHEDULE I

[1][MODEL STANDING ORDERS

13.                Termination of employment.—

“workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.”

14.  Disciplinary action for misconduct

(3) (b)             theft, fraud or dishonesty in connection with the employer’s business or                                                                               property,

[2][(b-a)     In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.

It is also for “Search details of Registered  Professionals and Employees” { PDF file attached}. Are you a registered professional/employee?

 https://nationalskillsregistry.com/doc/nsrtour-subscribercompanies.pdf

“What are the details that are captured in NSR profile? How are such details used?”

“This fact sheet about each person contains personal, qualification and career information as entered by the person and his/her photograph. Registered professional or a participating company authorised by the professional can order for a verification of this information.”

Thus the professional has to authorize the company to upload his profile. Have you authorized your company?

The union for help of IT/ITES/BPO is:

UNITES Professionals

IT/BPO Voice of India | Facebook

The Indian Headquarters at Bangalore

Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com

You can contact them for guidance and help.

The need for union of IT sector employees was long felt and you may find the attachment useful. You can get in touch with leaders and seek help.

The notice period is mentioned in service conditions. Service conditions are mentioned in appointment letter, standing orders. Notice period in standing orders shall supersede notice period in appointment letter.

 It is also suggested that you may apply your rapport goodwill, and reasoning, persuasion, persistence, and negotiation skills to the exceptional levels and resolve the matter in your favor, by approaching good offices of appointing authority, MD, CS etc. Thus you shall grant an opportunity to good offices and after you have exhausted this option and if good offices do not grant relief you can approach a lawful authority, court of law without any regrets and heartburn to either party.

As you have left after just two months probably the employer and this MD id offended and has decided to teach you a lesson and set excample for others.

The company might be covered under SE Act applicable to your state. You may look into  the provisions of SE Act applicable to your state which may be available at the Dept. of Labor website of your state or you can buy from market

e.g. SE Act Delhi:

30. Notice of Dissmissal.

Attached SE Act Delhi

thanks for your prompt reply sir..... i am actully putting a copy of my resignation email so u can understand what exactly is the scenario in case i m unable to explain it properly

"Respected Management,

I _________ has decided to resign from the post of  TEAM LEADER .I had submitted my resignation letter to CS on December 28 2012 which he has accepted today. I would like my last working day in the company be 31/12/2012. I will try my best to improve the performance of the team till 31st Dec 2012.

It's been good experience for me in ________. There are many strengths and weaknesses I came to know about myself here which will benefit me in the future.

I want to thank the company's management for all their support and co-operation.

Wishing the company good luck for success in future

PS: will surrender the ID card and official Sim Card by today. The visiting cards provided earlier in the month got over yesterday.

Thanks and Regards

____________________________________________________________________________________________

the above is the resignation email which i sent.. in which i mentioned that i hv given the resignation letter to CS.

and employees on probation period is not required to give notice period. Only a confirmed employee is supposed to do that. We have only been given offer letter and not appointment letter. Below are the clauses of the offer letter.

1) By Employee: By giving one month advance notice in writing

2) By Company: By giving one month advance notice during your service.

3) If in the reasonable opinion of the company you are guilty of serious misconduct company ,company may terminate your employment summarily without notice and any payment thereof. Serious misconduct includes but is not limited to dishonesty, theft,misrepresentation,breach of the substance abusepolicy, refusal to obey a reasonable command of company or breach of the code or code and applicable laws.

these are the conditions written in the offer letter but i hv been in the field in HR  so as per my knowldge appointment letter is given to confirmed employees and offer letter are given to all  but employee on probation arent required to serve any notice period.

i hope the scenario is more clear and u can give me a briefer answer if possible 

thanks and regards

Armaan

Although you have worked in HR some of your contentions are not good for you.

In brief you should consult elders in your family, competent and experienced well wishers, trained legal mind amongst your near and dear ones, lawyer/law firm with all of your documents and seek advice.

You may proceed under expert advice of your lawyer/labor consultant and do not act on your own.

An ill informed employee is like sitting duck and unscrupulous employer take advantage of it and employee may fall in legal traps.

Your company has already issued an email to alleging malpractices which is serious misconduct and it has not accepted your resignation in writing to you.

The matter is serious.

You have posted that:

1. “ i hv been in the field in HR so as per my knowldge appointment letter is given to confirmed employees and offer letter are given to all  but employee on probation arent required to serve any notice period.”

Offer letter is given on selection to selected candidates and appointment letter is given on joining the company. Appointment letter contains service conditions including notice period/pay, designation, emoluments etc…

The notice period is mentioned in service conditions. Service conditions are mentioned in appointment letter, standing orders. Notice period in standing orders shall supersede notice period in appointment letter.

As no appointment letter has been issued to you it is felt that you are not under contractual obligation for notice period/pay.

However still you have given some notice period to your employer.

e.g. SE Act Delhi:

- has a clause on issuance of appointment letter.

34.  EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.

34. Employer to furnish letters of appointment to employees.—The employer shall

furnish every employee with a letter of appointment.

The object of the enactment is to furnish an accurate proof of employment to an employed person and for this object in view, the Legislature provided that the letter of appointment given by the employer to the person employed should contain the following particulars:—

- has a clause on notice period.

Since you have worked for 2 months only no notice period is applicable to you.

30. Notice of Dismissal.

{2} No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay

2. “I had submitted my resignation letter to CS on December 28 2012 which he has accepted today.”

Have you taken acknowledgment/receipt from CS?? You should {with his seal/signature/ and date on your copy}. And if he does affix his seal you may obtain the seal from reception where usually the seal is put on all mail/couriers etc.

3. “PS: will surrender the ID card and official Sim Card by today.” Obtain acknowledgment from company personnel you have handed over these items.

4. “1) By Employee: By giving one month advance notice in writing”

One month notice period in probation period can be termed unreasonable.

Applicable to Delhi As per SE Act as mentioned above no notice period is applicable during probation. You may check SE Act applicable to your state.

 Also as per Model Standing Orders

13.          Termination of employment.—

 (2)          No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled  to any notice or  pay in lieu thereof if his services are terminated

Which Implies notice period/pay is not applicable during probation period.

Dear sir,

As per email given by GM,i went to the office  today and the charges which are told me are manupulated. Many of the things which i have said to other employees... the main words of my sentences have been changed and told to me

Eg-1)I was forcing my team member to quit  her job but in reality i told my team member to stick for more time.

2) I told another employee to send me candidates by her reference when i open my own hr firm but today i was told they have come to know that i told that particular person that i want candidates from the company..

from above 2 eg its clear that they are manupulating my sentences.

i have been threatned by MD that they have filed a case on me from bangalore and i will be getting the notice from them by tomorrow . he also said that he knows how to drag cases in court and if i dont come to bangalore for 3 hearings an arrest warrant will be issues.

MD also said that if i dont accept the notice then it would become more problematic for me. He said that the cases will go on for 2-3 years and he will make sure that i dont get a job anywhere.... will also give my photo in newspaper stating that i have committed fraud with them so other companies wont hire me n by chance if they do he will file a staying order or file a case on tht particular company as well.

i have got an audio recording evidence in which its pretty much audible what all he has said to me  and while talking he lifted his leg to kick me but i dont have a recording of that. He is not giving me a fair chance of proving myself.thrice he shouted at me when i started to investigate the charges put on me.

by his behaviour its clear that they all have made up their minds not to believe whatever i say so i dont know what to do

the company is bangalore based and its expanding in navi mumbai so how can they file the case from bangalore when mumbai corporate office is in kharghar. plz help me out what to do as i have been called to the office tomorrow also.

regards

armaan

PS-  Delhi shop and establishment and 1954 link not working

Probably the crux of the problem seems to be you had decided to open your own HR firm and talked about it with employees of the company, which has infuriated your MD.

It is suggested that now you may not delay and immediately approach your lawyer and let your lawyer handle the issue now. You may proceed under the expert advice of your lawyer.

You can download the SE act Bombay and Karnataka from following links:

https://www.mahashramm.gov.in/maha/acts_download/The_Bombay_Shops_Establishments_Act.pdf

https://karunadu.gov.in/karnatakachildlabour/ChildLaborLawsRights/Karnataka%20shops%20and%20commercial%20establishment%20act.pdf

Thanks for the reply sir but sir what about all the threats which he has given me which I wrote in my previous post what can be done about that...

Regards 

Armaan

MD may level any kind of allegations but charges have to be proved.

Approach your lawyer with your elders in the family, competent and experienced well wishers, etc and show offer/appointment letter, resignation letter, emails, recordings and explain the threat, meeting tomorrow and give your inputs in person and proceed as deemed fit and under the expert advice of your lawyer.

Your lawyer may opine that if your Head Quarter was Mumbai cases if any would be filed at Mumbai.