Anuj Rathi (Engineer) 27 September 2012

Employer is harassing & not giving salary/bonus amount

Hi Experts,
Myself Anuj Rathi. I was working in a IT Software Company as Sr. Database Developer since 2008. Last year, due to some critical health issues, I took 1 month leave. But during leave, I felt that I need more leave. So, I informed my HR & he replied me that Anuj, don't worry about leave. Take your treatment properly. It took above 1 year to completely recover my health issues. In between, neither my HR nor any other person tried to contact me about my health. While in April 21, 2012 when I was not completely FIT, My Technical Director gave me a call @ 9:30 PM & said that you are illegally accessing our server & you have done something wrong & abuses me.

After getting this type of harassing call, next day I sent my resignation. In august 2012, when I was completely FIT, I visited my office (situated in New Delhi) & asked that please show me any proof which will prove that I accessed your server. They said that we have no proof but we are investigating. Some existing employees told me that this is done by some existing DBA who ran any wrong query in production database server & to hide their mistake, they blamed you.

Now, i am demanding my balance amount(salary/bonus etc) & my experience letter & relieving letter, but they are not responding me properly. After so many emails, they replied that you will have to come to office & you will have to provide a training session to our NEW employees. I told that OK, I have no problem but you will have to pay me for that. When I told that please give me a written confirmation either on paper or via Email that you will pay me this amount.

They replied that we can't tell the amount but we will think & will give you a reasonable amount. Before 2 week, I got my HR's mail stated that you have to come on September 24, 2012 in our office & that time we will tell you that how much we will pay you.

Now, I have given 3 days training but they are not telling me how much they will pay me. Neither they are telling when I will get my balance amount & my other documents. They are not giving me any written confirmation of anything. They are not giving any reply of my emails. They are ignoring my Emails.

They are just harassing me every where. When I was in company, sometimes in case of emergency I worked there more than 20 HOURS continuously. 10 to 12 hours was a normal thing.

Now, I am not able to understand what should I do? Where should I apply to get my amount & related documents?

Please help me !!!!

Regards,
Anuj Rathi

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1 Replies

Kumar Doab (FIN) 27 September 2012

Firm up your next venture at once.

Have you received the acceptance of resignation?

It is felt that your resignation has been accepted and inserted in your personnel file, and your FNF settlement is blocked to get the task of training completed from you.

However the nagging feeling is that there is a complaint against you. Has the company conducted or completed any inquiry?

Has the company stated following as posted by you in writing?

“After so many emails, they replied that you will have to come to office & you will have to provide a training session to our NEW employees.”

Company may disburse reasonable amount as deemed fit e.g. notice pay/basic pay or some compensation.

Are you marking any attendance now a day and signing in security register? Usually the entry to office in companies is by Matrix/punch card.

Company should not keep even a trainee or apprentice without wages. It is illegal.

As per SE Act appointment order should be issued to new joinee.

You may tactfully come clean out of charge leveled on you, complete the training, obtain your pending FNF statement/settlement/payment, service certificate, relieving order, acceptance of resignation, form 16, PF number, PF account slip, NOC/NDC, then firm up your next employment at once, clear BGV and then you may agitate on the strength of your emails. However consult a competent and experienced labor consultant/service lawyer and show all record and proceed under expert advice.

The exemptions from labor laws granted to IT companies in Karnataka have been withdrawn. Now employees can invoke the Industrial Employment standing orders Act, along with Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

Attached File : 492608583 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc, 492608583 karnataka ends exemption from labor laws to it industry.doc downloaded: 214 times