Rasika Shetty (Business Partner) 27 August 2014

Employee grievance.... please help

Dear Team,

I am writing on behalf of my family member. Her name is Ms. Geetha Mathew Worked with Siemens IT Solutions and Services, Recently Taken Over by ATOS India Pvt. Ltd. She worked for the above companies totally amounting for 9 years. She met with an accident in March 2012, she was working from home for 5 months and rejoined her work from office in september 2012. After resuming work she deployed on a project, She found an internal opening for the position of Service Tower Manager, she was interviewed and offered the position for the post. She requested the interviewers and the senior managers to permit her to take up the position after 10 days as she was already working on a project. They refused to do so, according to her it was unprofessional to leave a project suddenly without any handovers.

On one hand the existing Manager was very irritated that she was shifting from the current project and on the other hand the seniors were not ready to give her any time. This created a lot of animosity. No body was trying to understand the situation. she finally decided to quit her job. she put in her formal resignation on mail in December 2012. Next day her HR business partner called her up on her phone and asked her not to come to work from that particular day. She asked him to kindly revert on the mail, apparently he did not do so. The Employee login ID was deactivated that particular moment. She got to know from her friends in the organization that the separation form has to be filled in, online on a portal. Since the id was deactivated, she had asked her friends in the organization to raise tickets for the activation of the same so that she could complete the separation formalities.

But they did not activated the id for finishing the further formalities of the exit procedure. The Concerned department mentioned that they cannot activate the ID as it is not been found. Later on it was brought to light that the ID was termed as absconding. She has been following up with the HR and the concerned people at the senior levels and also at par levels for finishing up the formalities, for the past 1 year and 8 months now. But the company is not willing to do anything about it. They had offered to settle the dues but not provide the relieving letter. The resignation letter clearly stated that she was willing to serve the notice period as per her appointment letter, which the HR business partner conveniently ignored. They have sent no notices or warning or reminder mails or letters what so ever required to term her as "absconding".

Kindly help her get her relieving letter. Please advise what can she do to finish her separation without causing trouble to anybody.

Thanking you,
Rasika Shetty.

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1 Replies

Kumar Doab (FIN) 27 August 2014

Your post also shows that the employee’s in IT/ITeS segment suffer since they are not united, are ill informed and do not approach their counsel in time or they do not seek counsel in time.

Resignation is personal matter and all communications can be sent from personal email id and should preferably be addressed to good offices of appointing authority, MD etc and sent by letter thru redg. post.

Did the employee cover all points posted by you by subsequent representations in writing or these are just verbal transactions?

Did the employee record calls/meetings (audio/visual) and thus has evidence to support her contentions?

You have posted that:

--- “She has been following up with the HR and the concerned people at the senior levels and also at par levels for finishing up the formalities, for the past 1 year and 8 months now. But the company is not willing to do anything about it.”

HR and senior personnel is not her employer and are just another employee in the company and are following the internal written/unwritten policies for them.

As per internal policy relieving letter may not be possible for employee that is declared absconding.

Absconding is a derogatory word.She can agitate.

They have neither offered nor effected any resolution/redressal.

Don’t waste any more time.

Minute the discussions and build some record.

---“ They had offered to settle the dues but not provide the relieving letter.”

Is it on record (written/audio/visual)?

Let them supply the original FnF statement in writing now preferably by email/redg. post so that you can establish that it was delayed.

If she is not covered as 'Workman' and in ID Act the limitation of 3Y may apply in her case.

Designation alone does not decide employee shall be covered as 'Workman' as in ID Act or 'Employee' as in (Name of your state) Shops and Commercial establishments Act.

IT/ITeS companies are covered by (Name of your state) Shops and Commercial establishments Act and standing orders.

If standing orders are not certified Model Standing Orders shall apply.

The employer has to follow a set process and provide natural justice in case of alleged misconduct too......................

Notice period of 3 months may not be neccesserily applicable in her case.

You may go thru:

Model Standing Orders: Sec13-18.

---“ The resignation letter clearly stated that she was willing to serve the notice period as per her appointment letter, which the HR business partner conveniently ignored.”

The record/evidence shall alone establish that she was prevented from attending office and to discharge her duty during notice period.

If she was not called and advised to complete any exit process then it implies that it was desired fro her and it was officially not required.

The resignation can not be accepted before expiry of notice period.

The line management and HR person has played tricks and declared her absconding in internal records without sending any communication by effective modes of communication e.g. Redg. Post.

They have apparently done it to adjust notice pay of 3 months in FnF statement/settlement and thus to benefit their masters.

If she can establish then it would be false entries, falsification of record, and hence offence.

If she does not want to agitate believing that no trouble should be caused to anyone then she may accept it as her fate.

Or she may approach employee’s unions, trade unions, Inspector under (Name of your state) Shops and Commercial establishments Act, Inspector under Payment of wages Act……………………………..able Labor Consultant/Service lawyer and proceed under the expert advice of her lawyer.

Approaching lawyer does not imply that you are filing a case.

Lawyers are trained in conciliation. mediation, arbitration and an expert lawyer may resolve the matter just by engaging the HR/Line Managers/Employer in parleys………………………….

She can also approach IT/ITeS female employee’s unions, IT/ITeS employee’s unions and try her luck.

She can also try thru some dignitaries, high level officials, community leaders etc………………….

Attached File : 724418419 model standing orders industrial employment standing orders rules.pdf downloaded: 151 times