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Loose Round (Nil)     01 February 2012

Interpretation of specific request as resignation

I am working with a Government Company for the last two years. 

I reported harassment and adverse working conditions to my CMD. My CMD told me that in case I am not happy in the company I am free to leave. My harassment continued. One day I suffered physical injury being under pressure because of harassment. The same colleague who was troubling me reported against me and action was taken against without a formal hearing.

Since all this was taking a toll on me I put in a letter to the CMD requesting him to terminate my contractual employment unconditionally in organisational interest since he had told me that I was free to leave. 

I was removed from my appointed duties. Susequently the Company wrote to me that in terms of my earlier agreement I will have to serve six months notice period as per Government Rule on the subject and pay bond amount. I clarified my position and requested them to re-process the case. I also requested them to detail me on appointed duties. The Company has not replied back to any of my letters including a mercy plea to the CMD.

The Company stopped my salary during the notice period itself. The notice period ended three months ago. I put in an application with the Regulator reporting violation of its Rule because lack of salary and denial of tasking and thus our Contractual Agreement. My Employer has replied back to the Regulator that they will relieve me only after I pay my Bond amount.

The Regulator agrees that Government Orders have been voilated but says that since there is a larger dispute they will not interfere on my application. My clarification is being processed and decision is awaited. Decision will take time.

My present status - no tasking, no salary for four months, employer refusing to relieve me and thus I cannot seek employment elsewhere. Employer has not responded to two RTI queries regarding my case.

The CMD appears to have taken this as a challenge to his authority and appears to be intent on setting an example out of me. He does not like feedback and has treated other employees in a similar manner earlier. All such employees tenderd unconditional apology in writing and were given relief.  

The Company has a record of trapping employees in a unreasonable Service Agreement Bond (25 lakhs) and thereafter exploiting them. The employees who are deterred by the bond amount into serving in unsafe conditions. As per terms of the Bond employees cannot form unions and cannot even enhance their professional qualification. The bond amount does not reduce proportionally to service amount as per the conditions.

May I request for views and advise on possible courses of action please.   



Learning

 1 Replies

Kumar Doab (FIN)     02 February 2012

It is always better to consult elders in the famliy, competetn and experienced well wishers, lawyer/law firm before taking such steps as taken by you.

It is always better to draw a strategy before intiating a battle.

You have posted:

-"The Company has a record of trapping employees in a unreasonable Service Agreement Bond (25 lakhs) and thereafter exploiting them. The employees who are deterred by the bond amount into serving in unsafe conditions. As per terms of the Bond employees cannot form unions and cannot even enhance their professional qualification."

Can you prove these unsafe conditions e.g. video, witnesses, etc?

Company shall have to prove the amount of Rs. 25 Lacks.

 

-"All such employees tenderd unconditional apology in writing and were given relief. "

If you do not take it as personal you may close the matter.

 

You may approach a competent and experinced service lawyer with all docs and recordsand your lawyer shall be able to comment on the merit based on evidences and inputs you put before your lawyer. Litigation may take its own time.

 


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