Dear Seniors,
Me and some of my colleagues were laid off without a reason and were asked to leave in 15 minutes. We were given incorrect reasons (multiple) for which they had no proof.
Unfortunately, there were prior incidents with me like incorrect suggestions on the projects, wrong guidance and incorrect practices like asking for my personal documents which had no professional relevance, done by my immediate supervisor. Unfortunately, the HR department in my company only exits theoretically and they are usually the ones planning all the politics in the company. Hence, there was no one I could walk up to with this issue with my boss.
I dealt with these issues on my own, and had to ask him to back off several times. One fine day, we were asked to leave immediately with no reason by my manager and the HR dept. They gave us one month notice period for which they said we will be paid, however there was no need for us to come to the office.
It has been more than 2 months now and they have not paid the full and final amount, which includes my 2 months salary and bonus for last year (which they havent paid till now).
Requesting your advice on my next steps of action.
Thank you
From India, New Delhi
Me and some of my colleagues were laid off without a reason and were asked to leave in 15 minutes. We were given incorrect reasons (multiple) for which they had no proof.
Unfortunately, there were prior incidents with me like incorrect suggestions on the projects, wrong guidance and incorrect practices like asking for my personal documents which had no professional relevance, done by my immediate supervisor. Unfortunately, the HR department in my company only exits theoretically and they are usually the ones planning all the politics in the company. Hence, there was no one I could walk up to with this issue with my boss.
I dealt with these issues on my own, and had to ask him to back off several times. One fine day, we were asked to leave immediately with no reason by my manager and the HR dept. They gave us one month notice period for which they said we will be paid, however there was no need for us to come to the office.
It has been more than 2 months now and they have not paid the full and final amount, which includes my 2 months salary and bonus for last year (which they havent paid till now).
Requesting your advice on my next steps of action.
Thank you
From India, New Delhi
Dear Alka,
What has happened with you and your colleagues is quite unfortunate. If your company laid you off two months before then you should have approached this forum much earlier.
Anyway, as a first step, you may find out the office of the Labour Officer of your area. Give a collective representation to him. Find out what he says. He will take up your case provided provisions of Industrial Dispute Act, 1947 apply to you. Otherwise, you will have file a civil suit.
Has your employer given service-cum-employment certificate? First acquire that before approaching Labour Officer.
Thanks,
Dinesh Divekar
From India, Bangalore
7736What has happened with you and your colleagues is quite unfortunate. If your company laid you off two months before then you should have approached this forum much earlier.
Anyway, as a first step, you may find out the office of the Labour Officer of your area. Give a collective representation to him. Find out what he says. He will take up your case provided provisions of Industrial Dispute Act, 1947 apply to you. Otherwise, you will have file a civil suit.
Has your employer given service-cum-employment certificate? First acquire that before approaching Labour Officer.
Thanks,
Dinesh Divekar
From India, Bangalore
Go WIsely.take everything in mail,..The way they have terminated your services its pretty sure that you guys have very less proofs with you.
Take a follow up on mail regarding salary and detail everything.These mails and their replies will be beneficial for you in future if they dont pay you.
Best of Luck!!!
From India, Mohali
Take a follow up on mail regarding salary and detail everything.These mails and their replies will be beneficial for you in future if they dont pay you.
Best of Luck!!!
From India, Mohali
Group action can only bring results.
Bonus has to be paid and pay for the period you have worked also has to be paid.
Firstly take a peaceful approach and get your relieving certificate.
Then systematically approach regulatory agencies like Labour officer with joint petitions.
Last resort would be civil action through court.
From India, Pune
Bonus has to be paid and pay for the period you have worked also has to be paid.
Firstly take a peaceful approach and get your relieving certificate.
Then systematically approach regulatory agencies like Labour officer with joint petitions.
Last resort would be civil action through court.
From India, Pune
Dear Alka,
What had happened to you and your friends is quite unfortunate. Sorry to state that such unfair labour practices are generally followed by many of the IT and ITES Companies in respect of their hapless workforce called " knowledge workers". The affected workmen also do not bother because of their high degree of employability. I don't think that such a favourable trend of employability would last forever for the supply of employable labour seems to be on the increase commensurate with the demand for it which may eventually result in reduced wages as well as alternative employment opportunities. That's why IT majors adopt the policy of simultaneous en masse lay-off of senior workforce substituted by en masse recruitment of freshers on the ground that the training cost of freshers is very less than the retaining cost of seniors. Do not get fooled by the sermon of your HR people who, I am afraid, have no legal exposure in industrial relations matters. Legal action is the only way-out against such attrocity as suggested by Dinesh and collective effort as suggested by Nathrao is the effective method of curbing such illegalities. Of course it is an up-hill task but undertaken with patience and perseverance, it will certainly yield tangible results.
From India, Salem
What had happened to you and your friends is quite unfortunate. Sorry to state that such unfair labour practices are generally followed by many of the IT and ITES Companies in respect of their hapless workforce called " knowledge workers". The affected workmen also do not bother because of their high degree of employability. I don't think that such a favourable trend of employability would last forever for the supply of employable labour seems to be on the increase commensurate with the demand for it which may eventually result in reduced wages as well as alternative employment opportunities. That's why IT majors adopt the policy of simultaneous en masse lay-off of senior workforce substituted by en masse recruitment of freshers on the ground that the training cost of freshers is very less than the retaining cost of seniors. Do not get fooled by the sermon of your HR people who, I am afraid, have no legal exposure in industrial relations matters. Legal action is the only way-out against such attrocity as suggested by Dinesh and collective effort as suggested by Nathrao is the effective method of curbing such illegalities. Of course it is an up-hill task but undertaken with patience and perseverance, it will certainly yield tangible results.
From India, Salem
Employer firing employee at short notice/no notice and employee leaving company with no notice are two sides of the same coin.
Unless and until labour laws get enforced with sense of fairness and certainty,these things will keep happening.
There is no real practical solution.
Employee can go to Court/Labour Officer and try to get justice,but all this is time consuming.
However in this particular case employee has been wronged clearly by the company in abrupt termination and adding to that non payment of normal and legitimate dues.
Combined legal action is the only solution left in this case.
I hope things work out after you seek legal advice and deal with the errant employer.
From India, Pune
Unless and until labour laws get enforced with sense of fairness and certainty,these things will keep happening.
There is no real practical solution.
Employee can go to Court/Labour Officer and try to get justice,but all this is time consuming.
However in this particular case employee has been wronged clearly by the company in abrupt termination and adding to that non payment of normal and legitimate dues.
Combined legal action is the only solution left in this case.
I hope things work out after you seek legal advice and deal with the errant employer.
From India, Pune
Thank you everyone for your suggestions.
My colleagues who were laid off with me dont have much dues left with the company, hence they are not willing to take legal action now.
I, on the other side have the highest incentive in the team along with my 2 months salary, hence I am alone in this decision. But as rightly said, I have no choice but to take legal action against my ex-company
From India, New Delhi
My colleagues who were laid off with me dont have much dues left with the company, hence they are not willing to take legal action now.
I, on the other side have the highest incentive in the team along with my 2 months salary, hence I am alone in this decision. But as rightly said, I have no choice but to take legal action against my ex-company
From India, New Delhi
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