Not getting fnf

>>> Saying and telling i.e. verbal mode of communication is not a written record and might be difficult to prove.

Did you record the calls/meetings (audio/visual) or do your have any evidence/witness to prove what you said and what was said by your employer?

If possible for you prepare a strategy and dive the discussion during meeting/calls and record………………….that on dated………………..you called from phone number, at phone number/ visited in person on dated and …………………..was said by Mr/Ms………………and let the employer decline to pay the earned wages…………………….and keep the bills of the calls and recordings safely. 

>>> On verbal orders you stopped attending to office.

What would you do if employer levels charge of absenting/absconding/abstaining from duty and terminates you?

If you resign without notice the employer can proceed to adjust notice pay and square off the dues.

Therefore you should have submitted the minutes of discussion in writing under proper acknowledgment.

If possible record (audio/visual) that on dated………………..you were terminated verbally.

>>>  Leave: The employer can decline to sanction the leave, or sanction leave without pay if there is no leave balance.

If employer is absent without sanctioned leave for 8/10 days the employee can loose lien on employment.

If employee is absent without sanction leave/leave intimation employer can issue notice/show cause notice and initiate action.

>>> Do you have attendance record till last day in office?

You are entitled to wages till last day in office.

>>> The salary has to be paid on usual pay day and Salary slip has to be issued at least a day before the disbursement of wages (on fixed pay day) and signed by both employer/employee, as per :

Payment of wages Act: Sec13A

Min. Wages Central Rules: Sec 26(3,4)

Or employer can be penalized say Rs.7500/instance.

>>> It shall be proper to consult along with elders in the family, the employee’s union leaders/trade unions leaders and an able Labor Law Consultant/Service lawyer and show all docs on record and give inputs in person and proceed under expert advice of your lawyer.

>>> Your counsel can help you to build favorable record may advise that you can approach:

Your counsel may opine that you shall be covered as 'Workman' as in  ID Act, as 'Employee' as in Tamilnadu Shops and Commercial Establishments Act, and that you can approach:

Inspector  under Payment of wages Act

Inspector  under Tamilnadu Shops and Commercial Establishments Act

O/o Labor Commissioner

I was working with LnT Infotech , I have resigned company on 24 SEP2014. (Notice period is 90 days)

After serving  58 days from notice period , On 19 Nov 2014 I got email from Head i have to move to vadodhara for 4 week assignment. Which is totally new and not related to my project work as I did till date in company.

I have denied to work on outside Pune location projects/assignments. Then they gives me mumbai location for same assignment. I have inform HR an all senior regarding my family issue and other problems.

Then My Head directly told me on 19 NOV  EOD I got email 20NOV is my last day in company.

Next day i got email from HR i have to report mumbai for the assignment, i replied with my problem I am not able to work from mumbai, but ready  work from pune. End of the day 20 NOV i got email from HR today is last day.

HR taking actions against me , ( they feel) its my unprofessional as per HR.

They are now giving me bad remark on my relieving letter.  

I need you r help on this.. what should i do  now.???

There is no fault from my side and they are cutting my basic pay also.

You have posted that:

1. --- "Then My Head directly told me on 19 NOV  EOD I got email 20NOV is my last day in company."

Before you got this email did you decline in writing to go to Vadodra/Mumbai?

Did the HOD mention in this email that you have declined to accept the assignment at another location as a reason?

If NO: then there is  aparently there is  NO record of declinature in writing!

In such case you might have specific merits on your side.

Your contract specified notice period of 90 days and probably in notice of resignation tendered by you................you have mentioned the notice period/effective date of resignation/last day in office......

You had served 58 days out of it and company has in other words chosen to terminate you and in such case company should be liable to tender notice pay for full 90 days to you @ Basic/Gross/CTC as stated in contract of employment/appointment letter................  

 ----"Next day i got email from HR i have to report mumbai for the assignment, i replied with my problem I am not able to work from mumbai, but ready  work from pune. End of the day 20 NOV i got email from HR today is last day."

Before the email from HR the last day was already communicated by HOD....................as 20th Nov.......and HR seconded it.

Since 20th was already recorded as last day therefore HR can not ask you to move to Mumbai after/on 20th.

2. "I have denied to work on outside Pune location projects/assignments."

Did you state so in writing before  or on 19th and in addition to it before the time of email of HOD?

If yes the management may treat it as indiscipline/insubordination/misconduct etc.................

It was 4 weeks (28 days) of assignment that would end well before expiry of notice period (90-58=32 days) and it was not a transfer.................

Do you have printouts of all emails, and also HR policy/Service rules and regulations/Conduct and discipline rules stated in appointment letter............................If yes it is good or download the soft and hard copy?

3. "After serving  58 days from notice period , On 19 Nov 2014 I got email from Head i have to move to vadodhara for 4 week assignment. Which is totally new and not related to my project work as I did till date in company."

Did you mention it that the assignment is not related to the project work.............................and /or did the company offer to train you for it...........................or did you ask for the training/familiarisation?

Since company has terminated it can't deduct basic pay and has to pay wages till last day in office...................say 20th.

You may show the job advt.,job application, interview call letter,selection letter, offer letter,appointment letter,HR policy etc, all emails on record to your able Labor Law Consultant,Service matters Lawyer, and proceed further under expert advise of your counsel.........

Your counsel may submit a well structured representation from your side to good offices of appointing authority,MD  and agitate that a very harsh penalty of termination has been awarded and your excellent work record is being spoiled by negative comments in relieving letter and personnel file..................just for appraising the superiors that you have family issues and project assigned to you is not in line with say work to be done by you.............................and you were already to be in the company for 32  days more.......

The employee should be vigilant as some over enthusiastic ,zelous,HR/Line Manager out to prove and show his/her metal may abuse the power  and authority and put the employee in deep trouble......

If good offices also do not provide any relief then you have the option to approach employee's/trade unions, courts of law,lawful authority and your counsel may ask you a set of structured questions and may opine that designation alone does not decide ...........................and you are covered by the  def. of 'Workman' as in ID act, 'Employee' as in Shops and Commercial Establishments act and can approach Inspector appointed under Shops & Comm. Estab Act ,O/o Labor Commissioner and curt of law................