Dinesh Divekar
Business Mentor, Consultant And Trainer
Korgaonkar K A
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Raj Kumar Hansdah
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Couple of years back I had done one project as a free lancer and then had created a website with details. The website showed me as a freelancer. However, I have then moved on and joined various companies.
In the current company, the manager found about this website and reported to CEO as conflict of intrest. CEO is planning to file FIR.
Please suggest if this is valid as I have not taken any freelancing job while working for the company.
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Please explain this to your CEO.
Anything on Web will survive for almost forever. You can not be penalized for a work that you have done earlier.
As a CEO of a software company, he should be smart enough to understand this, and the game played by by your manager.
The problem with certain companies is that they try to own the employee, rather than his services and contributions.
Warm regards.
Dear Bdmehta009,
You have not committed any cognizable offense and therefore, your CEO can not file FIR against you. You have not taken any freelancing job while working with the company, you need not to worry. As suggested by our Super Moderator Raj Kumar ji, you are advised to explain this facts to your CEO.
Dear Sirs,
I thank you for your reply. They have given me a Suspension notice and have asked me to cooperate while the internal investigation is completed. Until then, I am not allowed to go to office and not take any other work or job with other company.
File an FIR against the company for mentally harassing you and report the matter with Labour Commissioner and clear all the facts...Also if possible please contact the owner of website as well and get his statement admitted in front of Labour Commissioner as well as in Police Station that this work was done by you before the joining of this organization also file for compensation.
Dear Bdmehta009,
I am sorry to know about the suspension notice issued to you. You need to approach a good advocate with all the documents and facts and figures. Please approach an advocate who knows cyber law also.
What is written in the suspension notice? What reason is given in this notice? Is it a suspension pending enquiry? It should be a suspension pending enquiry.
Hope you have not renewed the website /domain etc. during the tenure of your employment. If that is so, according to me it is not a serious issue.
Thank you for the reply.
Fact is that I am owner of the website, it was created in 2011 and in that I had mentioned about my free lancing services. However, as I got a good job in a MNC in that year, I did not do any further freelancing job. After working with that MNC until Sept 2013, I had joined my current organization. Until today I have not done any free lancing job, just that the website existed and I kept on renewing the domain. Also, when I had joined the current organization, they did not have any of their portal in place and they had to show an output to the client.
I had then offered it to host it on my domain and had sent an email to the manager with the link. Manager had then forwarded this link to client as well.
Thank you for the reply, I am happy for the support I am receiving from you.
I have approached a good lawyer and given the facts, even the lawyer is of an opinion that I have not done anything wrong. The suspension order states that until the internal enquiry is completed, I must not undertake any new job or work.
It has been 3 months since I am suspended from the job and the company has not paid me for the month of April 2014. HR has told me that the company will be sending notices to my residential address with all the details pertaining to the lapses on my side, however nothing has come so far and it has been a week since I met HR.
What options do i have?
Dear BD Mehta,

I recommend you approaching labour officer of your area. Explain your problem. Show him/her printout of your communication with HR. Check whether your company has defaulted on suspending an employee but not going ahead with the domestic enquiry. Sooner they suspended you, they should have initiated an enquiry.

Their second default is non-payment of salary for the month of Apr 2014. This is violation of Payment of Wages Act, 1936.

Labour Officer will entertain you if you are a workman. If he entertains you then you will be availing of the mechanism created by the government to redress your grievance. If you are not workman then he may not entertain you but then you may request him to provide his valuable opinion to handle the case.

Thanks,

Dinesh Divekar

+91-9900155394
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