How and where to lodge a complaint against a employer

Management must be given a notice with reasons for removal of your service. You can file a petition in the high court with the help of a lawyer.

File a case against your mANAGEMENT EITHER IN LABOR COURT /tRIBUNAL CHALLENGING THE HIGHHANDED ACTION, WHICH IS HIGHLY ARBITRARY, MlafideAND UNFAIR LABOR PRACTICE.STATE ALL YOUR GRIEVANCES WITH EVIDENCE BEFORE THE LABOR COURT/TRIBUNAL OR OTHER COURT O FJURISDICRTION. hIGH COURT IS NOT PROPER JURISDICTRION O RWRIT AS YOURS IS NOT A gfOVERNMENT ORGANIZATION.eNGAGE A GOOD LABOR/SERVICE LAWYER. BEFORE APPROACHING COURT ISSUE A LEGAL NOTICE TO YOUR EMPLOYERS.

Originally posted by : Sunil Kumar
	I am Sunil Kumar from Gurgaon. I am working with Ericsson India since 15 Jul 2014. I have joined Ericsson as offroll position on 15 July 2014. I was promoted on 8 mar 2016 and taken on company onroll position (Essjayericsson). All formalities have been done for this. I also have offer letter and other documents as proof. I have been confirmed as regular employee after six months of probation period in sep'16. On 25 Feb 2017 my existing project ended and I recently transferred to new department (FSO). All approval done by new manager and circle head on company portal. Suddenly I got a call from HR Team for come to office on 1 Jun 17. I call to my manager and circle head to ask the details, why HR calling me directly. My manager and circle head both have denied me about the details that they have no idea. Next day I reached to office to meet with HR. I came to know that HR has called me to sign resignation letter. Also he asked me to pay 3 months gross Salary after resignation without any notice period. When I asked for reason from HR, he asked me to discuss with my manager and circle head as they given the details for termination, he has no idea about this termination. My manager and circle head are not ready to talk with me about this matter. I asked HR to give some time to get it understand and reply after 10 days. Please suggest what should I have to do in this situation.

Have you signed resignation letter?

Do you have any irrefutable evidence (audio/visual/witnessed/minuted) that you were asked/forced to resign with immediate effect?

What is issued to you: offer letter or appointment letter?

What is the notice period mentioned in offer letter or appointment letter?

Download evidence of your transfer to new Dept.

Are you attending office and marking your attendance?

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?
 

Generate irrefutable evidence. The onue to establish may shift on you.

In any case if you decide to resign, tender notice of resignation with notice period/LWD mentined in it.

Let them accept before LWD.

If possible for you/suitable to you, narrate the demand of resignation etc in a written communication under proper acknowledgment or mention it in notice of resigantion.

You have not replied to all points pointwise.

The notice of 3 months may not neccessarily be applicable to you.

The Line Managers and HR personnel are apparently hand in glove and are making a pass on you, without leaving trace of it. 

Submit information of leave for any day of absence ( SMS,WHATSAPP, followed by email/letter by Redg. Post and submit prescribed leave application under proper acknowledgment).

Or absence without information may be termed misconduct.

If you are absent without informatin say for 7-10 days (as per service conditions) you may loose lien on employment and getv terminated without any noticve pay.