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zerogravity (Senior executive)     12 May 2012

Harassment by employer

My husband has been working with a private firm for 2 and half years...his contract says that he has to serve a notice period for 1 month incase he is on probation and a notice of 3 months incase he is a confirmed employee..the company never gave him a confirmation letter and does not give out salary slips..the company delays salaries by 2 or 3 months..the work environment is very dissatisfying as their is no work life balance..he works 6 days a week and is called for meetings on sundays which last for 6 to 7 hours..he gave out his resignation last week to be accepted with immediate effect months..the company also paid him only half of his slaries for 2 months citing reasons that he came late to office..they however did not bother to consider overtime and working on sundays..now his employer is asking him to serve a notice period of 6 months failing which he would file lawsuits against him..he has sent him threatening sms and abuses on BB chat..we have been going through mental torture for the past one week as we are worried that he might fabricate false charges and drag us to courts..he is capable of doing this as he has earlier done this with few employees who do not massage his ego and give in to his bullying..how should we handle the situation?? please advise



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 3 Replies

Kumar Doab (FIN)     12 May 2012

Notice period as mentioned in appointment letter accepted by employee shall be applicable.

The employee may cover all delay in salaries ( monthwise),declinature to issue salary slip, extended hours in office , OT on Sundays ( give details), intimidation, declninature to grant compensatory off,abusive and rude conduct, Threat, coercion etc and concude that conduct at work place is unbearable and employer is unworthy of being employed and hence there is no sancitity of notice period. Employee can lodge a police complaint and complaint with Inspector under SE act applicable to state, O/o Labor Commissioner.

Employee has the option of approaching a competent and experienced  lawyer. A legal notice should be sufficient to put such employer is place.

zerogravity (Senior executive)     12 May 2012

Thank you for your kind reply..we do not have any proof for the meetings on sundays as the meeting time venue etc was always conveyed through sms..i wanted to understand that if he has never been given any confirmation till date, would he be considered on probation or would he be considered a permanent employee?

Kumar Doab (FIN)     12 May 2012

If SMS is not deleted it shall be a proof.If  minutes of meeting, follow up email, assignment is issued or attended etc that shall also be a proof.

Language of probation and confirmation clause in Appointment letter may be looked into.

If it is mentioned after probation period your services shall be confirmed by letter of confirmation in writing,and letter of confirmation is not issued, he shall be under probation.


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