Mr. Ravi has furthered the discussion and has given valuable advice. Kindly follow it.
If you were recruited to be placed at Bangalore as per your appointment letter you can agitate at Bangalore. However you may show all of your docs and details to a competent and experienced labor consultant/service lawyer and give inputs in person and proceed under expert advice of your lawyer.
It is felt that your employer had recruited you for some demand pertaining to IBM Pune, and it might have been cancelled and HR of your employer left you in lurch.
The conduct of your employer is certainly bad and can be termed as unfair, unprofessional, unlawful, illegal….
Do you have the copies of job advertisement, job application, interview call letter, letter confirming selection/ offer letter, joining report, { you have the appointment letter}, communication to report at IBM Pune, entitlements/allowances for boarding and lodging, advance/imprested cash, arrangements if any made by the company, and orders to claim the expenses for refund etc.., original tickets {to and fro}, hotel bills, bills of phone calls made by you, copies of emails/letters etc if any made by you…
Employee should record such phone calls and keep evidence/witness.
If you feel it is workable and worth doing it you may do so now.
You may narrate the series of events, starting from job advertisement to joining and orders to report at IBM Pune and orders to leave Pune { mention names/designation, dept., address of the employees of Datamatics Banglore, phone numbers with date of each call made by you and received by you with brief minutes of discussion}, in your gentle representation addressed to good offices of your appointing authority, MD, Chairman, Company Secretary and conclude that you arrived at Pune as per orders of the company dated….thru Mr/Ms…… designation, dept., address and left Pune as per orders of Mr/Ms…… designation, dept., address…
You may list each expense incurred by you/entitlement as per CTC sheet, and to be paid by company to you.
You may conclude that you are being coerced to consider that your services are not required effective dated…..without supplying you any communication in writing to this effect, and request the good offices to intervene and provide relief and mention that your address for communication is as already in company records and given below again.
You may mention that a postage prepaid { as purchased from PO} self addressed envelope bearing postage stamps of Rs…..is enclosed herewith for sending the reply and your payouts by Bank DD only thru redg. post only, so as to reach you in next 7 days. You may affirm that you have not resigned from the company but you have been……{say duped/cheated/taken for a ride…..} and conduct of the officials of the company has been bad and condemnable/worth criticizing.
You may attach a list of payables by the company to you including notice pay as per its contractual obligation.
The good offices should get a proper feel that other employees/candidates can conclude that company is violator of its contractual obligations.
Yu may request to allow you to examine your personnel file, and grant you an appointment, in writing by redg. post.
If you resign out of frustration the HR of the company shall be pleased to adjust notice pay and square off your dues.
Your employment has been terminated by a verbal order.
If you wish to join any other company you may submit another representation to god offices and affirm again that good offices have stood by the decision of the company terminating your services issued by verbal orders.
If you are called to attend some meeting in office you may keep a witness and record the meeting {audio/visual. Mobile is useful.} and keep evidence and meeting.
You have to be smart enough to steer the meeting in your favor. Do your home work.
--The state of Karnataka has ended the blanket exemption granted to IT companies from the IESO Act and all companies were expected to frame certified standing orders within 6 months. Till standing orders are certified model standing orders shall apply {attached}.
The service condition in the standing orders can not be negated by appointment letter. You may go thru:
13. Termination of employment
15. Complaints
16. Certificate on termination of service
17. Liability of 17[employer
18. Exhibition of standing orders
You may apply to DLC Bangalore for a copy of certified standing orders of the company.
The IT companies are covered by SE Act {attached}.
SE Act also does not allow such conduct of the company.
Go thru clause 6A,17,18,21,29,34,39….
If the company makes false entries in its registers and records it can be prosecuted and penalized. If you lodge complaint with Inspector you can ask for copies of record thru RTI also from Inspector. Frame your complaint carefully to suit your interest.
You can find the addresses of DLC, o/o Labor commissioner, SE Inspectorate at Dept. of Labor website of Karnataka.
--The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you are within the definition of a workman. Your lawyer may even opine that you can lodge a criminal complaint. The labor laws applicable to a workman limit the choice to employer.
In a given situation employee can invoke the clauses of ID Act, SE Act, IESO Act, Payment of Wages Act……as per explanation of employee under these enactments, approach o/o Labor commissioner or agitate in civil court.
The company may yield to your representations or legal notice of your lawyer or you may have to agitate in appropriate forum.
The union for IT employees may help you.
IT/BPO Voice of India | Facebook
The Indian Headquarters at Bangalore
Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com
Bangalore
N R Hegde - Regional Director, UNIDOC Karnataka
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: unidocbangalore@gmail.com / nr.hegde@unitespro.org
Left/CITU has also stressed upon the need of UNION for IT employees.
You may go thru the attachments
