Rakesh Roshan (N/A) 13 December 2013
V. VASUDEVAN (LEGAL COUNSEL) 13 December 2013
IBM is covered by the Shops and Establishments Act. Please write a written complaint with all available supporting documents and file this with the local
labour authorities, seeking remedial action, including reinstatement.
Vasudevan
Kumar Doab (FIN) 13 December 2013
Mr. Vasudevan has given a valuable advice. Kindly follow it.
You have posted that;
----“In mid-August my FLM arranged for a meeting with the HR Partner Ms. Anuradha, and both of them asked me to tender my resignation and was given one day time to resign otherwise I will be terminated by the end of August. I sent an email to the HR Partner asking her to convey the same message in an email,”
Instead of affirming to accept or declining to accept that resignation was demanded from you the female HR has
“she replied asking for my Medical report and also the time frame for complete recovery of my health.”
This email sent by you may help you.
------“ I was force to resign by management by stopping my pay for six months and puuling my laptop & ID card.’
Did you resign?
If you had resigned then where is the need to terminate?
----“I received a letter dated October 25, 2012, from IBM Bangalore office stating that I was under unauthorised absence and I was asked to report to my designated Manager within 5 days, hence I reported to IBM Hyderabad office on October 31, 2012,”
Did you send your reply to this letter and deny the unauthorized absence?
Has the company supplied you any FNF statement and order of termination?
Did the company send the termination order copy to o/o Inspector under ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 (section 47).
If you have not resigned and if no order of termination has been supplied to you lodge a complaint with Inspector under ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 at once (section 47 (2).
As during the pendency of complaint termination order should not be issued.
-----“ we have to work 14-15 hours to deliver the reports.’
Do you have attendance record to show it?
Did the company pay any OT?
----“ I had taken permission from the Second Line Manager(SLM) Sridhar Cowta to report for two days in a week to office’
Did you obtain the permission in writing?
If yes how can the FLM proceed against the SLM i.e. his Boss?
-----‘ I was not completely recovered, that is, I was able to work with only my left hand.’
Do you have any evidence of not being fully recovered but pressurized to work?
-----“ For the month of August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or I will be placed under PIP Plan.’
Is there any written communication stating that you shall be included in PIP.
Do you have copy of PIP policy?
PIP is precursor to termination.
Is it stated in PIP that after.................................employee can be terminated?
How can an employee that has not fully recovered be included in PIP??????
------“ On August 31, 2012 my FLM took my Laptop and Locker key and asked me to wait for
half an hour and then later he called me on my mobile phone asking me to come to office on September 3, 2012 for a discussion.
On September 3, 2012, I reported to office for discussion, my ID card was taken back and I was told that I was still under Probation and I will get my Full and Final settlement and letter by post to my Residence.
“
Did he issue any acknowledgment of items collected from you?
Did you minute the meeting?
Termination during sickness can be a bad order.
Demanding resignation is offence and employee can lodge a criminal complaint.
You should see a lawyer specializing in labor/service matters and well versed with
ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 that is so employee friendly.
34. Compulsory enrolment of employees to Insurance cum Savings Scheme
You may also approach trade unions (Obtain their address in AP and speak to the secretary. The trade unions have been more than willing to embrace the IT employees) e.g; like INTUC, AITUC, CITU etc
and IT employees unions.
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@
https://ithiworld.wikispaces.
ITHI, a forum
IT/BPO Voice of India | Facebook
Put your points in order and prepare well.
of women employees in IT and ITeS
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