How and where to lodge a complaint against a employer

complaint of Harrasment against the Serco Bpo, Okhla Industrial Area Ph III, Delhi. I have contacted the office both by phone and in person and have received no response. Most recently, I have also sent a Legal Notice to them for non payment of dues on 20/06/2013 but till date I have not received any reply from them. Most recently, on Febuary 13 2013 , I had given my resignation to the company in person to the Manager after which I was relieved from my duties, pls suggest remedy to take f & f with experience letter

 

Do you have copy of the resignation and its acceptance and relieving order issued to you?

 

 

Hope you have handed over the charge, company property under acknowledgment, and have completed all tasks and nothing is pending at your end?

If relieving letter has been issued to you it signifies nothing is pending at your end.

The pay day for FNF dues is usual pay day.

You should get acceptance of resignation, service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, payment of FNF dues ( preferably by bank DD only), PF number, PF a/c slips for entire period of service…………………..etc

 

BPO’s are registered under Shops and Establishments Act of the state.

Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Delhi High Court

Mantec Consultant Pvt. Ltd vs State & Anr

https://www.indiankanoon.org/doc/147071732/

 

 

 

 

The company should have displayed the registration certificate on notice board near entrance.

 

 

Delhi

 Shop & Establishment Act……………‘

37. Powers and duties of the Inspector.

(b) Duties of the Inspector

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have  been  complied  with  and  no  dues  payable  under  the  Act  or  Rules  have  been withheld;

You may also go thru:

>>>> Delhi Shop & Establishment Act

30. Notice of Dismissal.

34.  Employer  to  furnish  letters  of  appointment  to  employees.

20.  DEDUCTIONS WHICH MAY BE MADE FROM WAGES.

21.  CLAIMS RELATING TO WAGES.

>>>> THE PAYMENT OF WAGES ACT, 1936 (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

3. Responsibility for payment of wages

4. Fixation of wage-periods.

5. Time of payment of wages.-

7. Deductions which may be made from wages

-------- Employee can approach:

Law/Law Firm; legal notice from your lawyer may drill sense into the heads.

Trade Union Leaders (Trade unions have been trying to organize the BPO employees)

O/o Labor Commissioner: labor Inspector………..

 

Inspector Under Shops and Commercial Establishments Act 

Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)

 

Civil Court

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

 

 

 

 

 

 

 

 

very detailed elaboration by Mr Kumar Doab

Dear Sir,

I was working with German MNC as Manager from last one year as permanenat employee. A female employee has file claim against me female harrasement complain , she was relationship with me last 8 month but due to some misunderstanding with me and her , it has been happened. female employee was not aware about result of female harrassement complain and some body provoke him for doing complain it. when she knows that i am terminated then she was withdraw the complain in written but company management has not agreed to contiue to me . company person has not given to me explain yourslef, why it has happened and threatening to me give resigned and i give resigned but after that i was discuss to her and them family then she was withdarw the complain. during the verfication of complain , it was found that i am calling to her but she was not pick the call and also i am sending some close SMS and this number provided by company to me.

she was relationship with me since 8 month and very closed but whenever i was proposed her then she was change and trying to ignore me. All matter, i was discuss her parent then she was withdraw the complain.

But company has not agreed to continue to me. Kindly suggest to me asap.

@ Hariom Prasad,

Always start a new thread.

It is felt that before the issue of resignation etc is discussed the conduct should be discussed.

An employee should always treat workplace as a professional and should maintain the decorum. A manager should avoid getting too personal with staff especially female.

You have been using the company phone for other purposes.

The female lodged a complaint against you. You have submitted resignation. Now you want that company should allow remaining in employment, since female has withdrawn the complaint.

If you initiate it can turn into a bitter and ugly battle and it shall leave its stains and blot on your career.

It is better to firm up next venture and obtain clean BGV from company.

The company may allow you to submit another resignation to allow continuity in service for your future employment…………………………

If you still feel that you want to rake up the issue approach your lawyer as ap with copies of complaint, withdrawal of complaint, appointment letter, resignation and try to withdraw the resignation……….if its not accepted.

However the management may view it otherwise and may tactfully terminate you with adverse comments in your personnel file.

 

 

 

Dear Sir,

Currently I am working in Limited company.. I resigned this company on 16th Oct 2013 but notice period started from 1st Nov 2013.

My problem is that they stopped my Oct 2013 salary without any reason. I asked my company HR than he replied me that my reporting head will confirm than he will release my Oct salary.. Yesterday I received my salary slip from HR But did not get salary..

Now plz suggest me what to do.. Should I lodge complain against them?

 

Regards

Prerak

 

@ Prerak,

 

 

 

Always initiate a new thread.

 

If you have submitted notice of resignation effective from 16th Oct 2013 notice period should start from 16^th Oct and not from 1st Nov 2013.

 

Oct salary should not have been stopped.

 

The day of payment of wages is fixed and employer is responsible for payment of wages on due date. The violation can result in penalty to employer.

 

Instead of verbal communications submit a gentle communication in writing with a copy to you and under proper acknowledgment.

 

If required you may escalate to good offices of appointing authority, MD.

 

Depending upon no reply or reply of the company you may proceed further.

 

Upon separation employer should provide acceptance of resignation, relieving letter, service certificate, correct FNF statement, payment of FNF dues, form16 as per correct FNF statement, PF number, PF a/c slips for entire tenure of service, ESIC card , salary slip of all months of employment………………… .

 

The employee(s) can approach as per their coverage by enactments:

 

 

 

>> Lawyer/Law firm: The legal notice can help to drill sense into the heads.

A competent and experienced labor consultant/service lawyer may ask you a set of structured questions and can opine that whether you would be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments’ Act of the state, or not.

 

In the absence of coverage under these enactments you may have to approach a civil court for recovery of your dues.

 

>>Trade Unions: The Leaders know the precise ways to handle such matters.

 

>> Inspector under (Name of the state) Shops and Commercial Establishments Act of the State…………One of the duties of the Inspector is to ensure that the dues of the separated employee are paid.

 

 

>> Inspector under Payment of Wages Act (Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)

 

>> RPFC in o/o PF Commissioner (Nearest office has to help even if the PF a/c is ion some other office)

>> Inspector in Local/jurisdictional ESIC office………….( Wage ceiling for ESIC was Rs.15000/pm as per def. of wages in the Act and it is learnt that it was enhanced to Rs.25000/pm)

 

>> Civil court

 

 

 

 

 

 

 

 

 

HI ,

I want to file the case against FIS Global Pvt. Ltd. in Gurgaon , INDIA. I joined the organization on 07- MAY-2014. The date of joining was MAY,9th. The training started and it got over on 2nd June,2014. I hit the floor as was part of O2-RE-Contract ( Chat Process). I trained under ”Prashant Bishwakarma” and my team leader was Ankit Agarwal. I was physically harassed and even mentally by my team leader and the team coach. So, at last it resulted into me ask to leave the organization without the right reason. I went under Re-Training on 20the June,2014. As I did not clear the Pre-OJT Evals of the chats I took. Whereas, I improved a lot after that then and even got good scores, met the process requirement. Whereas still Ankit Agarwal with the help Arpana (Team Coach) wanted to harassed me for what reason, I am unaware and they used to shout on me on floor without any specific reason and moreover if at all I get 10 minutes late they both used to shout on me like anything. Whereas If someone else in the team used to come late then it does not matter. I do not know why they used to do this partiality. Whereas then I got frustrated and then I used to give them answers for them shouting on me without any reason. I found that they are planning to let me go out of the company. Along with this suddenly I realised that I was asked by the Training head Nazir on the fourth floor of the organisation. I went there and to my surprise I got to know that I have been asked to leave as after a month from 20^th June, 2014 to 12^th July,2014 I never knew what was going on exactly. ON 1^st July,2014 I got a feedback from my Team Coach regarding my mistakes and was told that this is just a feedback as they are the mark downs not the Fatal’s whereas to my surprise what I saw that those  markdowns were marked as my fatal’s and this is resulted in me to Ask To Leave the organisation. Moreover to be true with you few chats of mine were taken by Arpana(Team Coach) and later they blamed me for all the mess. I talked to the training head regarding this, whereas he cannot help me with this and then  spoke to my manager regarding this whereas same reply as the superior manager that is Arunakanth Sir did not spoke to me but he asked Ravinder Sir spoke to me and as he was a good friend of Ankit Agarwal he  even did not let me speak. I told him this is not my fault but to again my surprise he act smart and called everyone in the meeting and what I said and what truth was refused by the respective person’s I really felt bad and without even uttering a word agreed to what all they said and end the meeting. The next day I was asked to meet the H.R Divyanka. What I heard from her was a shock to me that I have to leave the organisation by filling the resignation whereas I was asked to leave. Now you help me with what should I do as I have not filled the resignation till now. If it will get late then I’ll not be paid for what all days I went office. Please help me as this is a fight for truth and justice. If such big organization do these things then can you tell where should I go to earn my bread and butter I am without a job and I live in a Paying Guest Accommodation have no money to pay my rent and not even for food. Please help me as this way I’ll cannot live I will be debts and I have to die at the end. Please save a life as this happens a lot in INDIA especially Delhi whereas I do not want to be part of it. Please save my life. I even get threatening calls on the name of FIS. Please help me I do not have enough money to go to police or file a complaint. So, please help me fight for justice and I do not have enough money to file the case against the organization and I am left with no else way to suicide. Please help me to fight for my justice.

sir

 me working in a private hospital in bangalore as physiotherapist. i am working continously  from 3 years night shifts in icu setup. they had taken me as trainee, but still they didnot make me as staff. but my juniors who came after me they are all appointed as staff and are well paid.for me they are paying only 7.500. 6 month before they told they will make  me staff but still they did not do that.as our HOD told to be that HR is not willing to do me as staff.as i had submitted all my resume and signed documents which is required for staff.but still they are not considering my requests.(only few hospitals in our country they have physios in nightshift, except our hospital all others will be paid good amount. no one will do continously nightshift from 3years like me).

my question is

1.those who voluntarily doing nightshift there is any previleges for workers that should be given by employer?

2.i had doubt they will not make me as permanent staff./neither they are not paying more money, if they denied for me can i approach labour comminnosser. how  they will helop me.?

3.me working  from 3 years it is not enough me to become as staff?

4.another one thing is they conduct namesake interview they will select  whom they want which will decided earlier?

5.how can a HR DENIED MY RIGHTS  of joining as staff.when i am handling individual in nightshift without any compliants and doing work sincerely.?

6. how labour commison/laws will help me?

7.is it require to send legal notice to hr/management.

please guide me in this matter.

sir

 me working in a private hospital in bangalore as physiotherapist. i am working continously  from 3 years night shifts in icu setup. they had taken me as trainee, but still they didnot make me as staff. but my juniors who came after me they are all appointed as staff and are well paid.for me they are paying only 7.500. 6 month before they told they will make  me staff but still they did not do that.as our HOD told to be that HR is not willing to do me as staff.as i had submitted all my resume and signed documents which is required for staff.but still they are not considering my requests.(only few hospitals in our country they have physios in nightshift, except our hospital all others will be paid good amount. no one will do continously nightshift from 3years like me).

my question is

1.those who voluntarily doing nightshift there is any previleges for workers that should be given by employer?

2.i had doubt they will not make me as permanent staff./neither they are not paying more money, if they denied for me can i approach labour comminnosser. how  they will helop me.?

3.me working  from 3 years it is not enough me to become as staff?

4.another one thing is they conduct namesake interview they will select  whom they want which will decided earlier?

5.how can a HR DENIED MY RIGHTS  of joining as staff.when i am handling individual in nightshift without any compliants and doing work sincerely.?

6. how labour commison/laws will help me?

7.is it require to send legal notice to hr/management.

please guide me in this matter.

Sir/Madam,

My self Altaf karani working as general manager in hotel

i resign job from hotel with 1 month prior notice it was already completed before two month .

Hotel released my balance six month salary in three cheques in different date but when i was deposited cheque in the bank , all three cheques are already stopped by hotel

now hotel management are not ready to pay salary.

please guide me for the same.

 

what can i do

@altaf karani

 

Hello !

Could anyone suggest me, where i can lodge a complaint if my employer want me to work on election day where i have valid voting rights for the same.

Actually As you know 15 Oct was the day for voting in Haryana & i was absent from office for that day. Now my employer want me to submit a leave application or they want me to consider as absent & they will deduct my salary for the same.  As per my understanding, Voting is our right & nobody can pressurize us to not use the same & ask us to come on work. Is there something to complain about said matter.

  

Hi,

This Is Vijay kumarFrom Mumbai. I've Been A Member Of This Firm For Almost A Year (Raj Analytical solutions pvt limited)And This Has Been A Great Platform For Learning About Chromatography products
However Right Now I Have Some Serious Concerns For Which I Would Need Your Help.

I Along With Few Colleagues Have Been Associated With An Organization Name UIPL (I'm Using The Codes) In Mohali. One Fine Day Our Organization Decided To Terminate Our Services. They Asked Us To Resign Without Giving Us A Notice Period. Now It Has Been More Than 3 Months And They Haven't Cleared Our Pending Salary (I.E. Full & Final Settlement). As Per Our Appointmet Letter It Has Been Clearly Mentioned That "During The Period Of Probation, Your Services Can Be Terminated By Either Party By Giving To The Other, A Notice Of 1 Month In Writing. After Confirmation, Your Services Can Be Terminated By Either Party By Giving To The Other,

 To Terminate Your Employment By Giving To You Salary And Benefits For The Number Of Days In Lieu Of The Notice”.
We All A Had A Confirmed Status In Our Organization. The Company Has Failed To Provide Us With Our Final Settlements At A Number Of Instances. We Have Written Them A Mail And They Had Agreed To Pay At A Number Of Instances And The Directors Mentioned That They Would Give Us The Salary On These Specific Phase manner

 They Don’t Have Funds unless the funds is not received from the customer due to sale

. The Directors Of Raj Analytical solutions pvt limited(Mr. Taranjeet Bhuee) he sits in Mohali the www.rajanalytical.com

 To Answer Our Calls. The Directors Are Taking Us For Granted, And If We Tell Them About The Laws In India (Payments Of Wages Act. & ID Act.) That Govern Our Rights As An Employee Then They Say That The Laws In India Would Be Of No Good Help. In The Past One Year The Company Has Always Delayed The Payments, Till The Time We Were Associated With The Company.
At This Occasion I Would Request You All To Please Take The Initiative To Help Us With This Issue. We Have Written A Mail To 'Laborweb@Nic.In'", However It Was Not Of Any Help.

If Anyone Is Aware Of Any Labour Personnel Then Please Pass On The Contact. 

Any Help On This Issue Is Appreciated. You May Revert Back On This Email Id, In Case Of A Query.

Thank You For Your Time.
Regards,
Vijay kumar

 

Dear All,

 

Hope you doing good!

 

I have worked for 18 months for a MNC. My company is not giving my variable pay (commission, bonus & incentive) though FNF, which is shown on offer letter as part of CTC (Variable Pay).  I followed the HR person for the same then they replied through mail that they pay variable earning to the active members only ( working employees) which is the policy not to left employees.

Please suggest the further step for me.

 

Regards,

 

Ajeet Kumar