I am Manasa from bangalore. I worked in a level 3 MNC as a contractor for a well reputed company from July 7th 2011 to Mar 15 2012. Employer pays the salary on the 7th day of a month.
I had suffered from severe typhoid fever during the period of (Feb-Mar 2012) month and continued to work from hospital itself due to some pressure from teamlead. After 1 month gradually, I became to weak by losing weight of 28 kilos due to a banned drug reaction and resulted in severe anemia & calcium loss. Again, I was admitted in ICU for low blood platelet count & severe rashes all over the body . So my brother had forwarded the medical certificates to the company through the mail stating that the condition is serious. I didn't received any call from the company regarding health insurance and claim. Even though , I worked for March month by filling timesheets and received no payment from company. Suddenly they called my dad and collected the laptop at that stage and didn't even dropped a official mail regarding my status.I was hospitalized for morethan 1 year and tragedy continued in my life without food and water 6-8 months and had blood transfusion for 4 times.After losing hope on life , I was discharged from reputed hospital and finally one ayurvedic doctor took my case with an interest and treated me slowly in 6 months. I got a new life back after restoring my body metabolism to normal state. I have sent a resignation mail in Aug 2013 for experience letter and they accepted it and asked me to complete exit process formalities. Slowly I have recovered my health to normal state by Dec 2013 and formally resigned the company on Jan 2014.During the Exit process, I have clearly asked for serving Notice period at that time and he didn't mentioned anything to me. As per HR policy it takes two weeks to release the employee and to do FNF settlement. I have called 'n' no of times and also sent many mails to the concerned HR for serving Notice period , pending salary , PF process and relieving letter. They never responded to my calls and mails.In Feb 2014, I had good offer in level 5 MNC and didn't joined the company due to the pending of relieving letter from previous company.
But, HR person took 3 months for sending the scanned copy of relieving letter and is also not interested to pay pending salary and PF process stating i.e loss to company. My current salary pack is 40k and pending amount is for 38 days. Company has converted the Notice period days to the no of working days and is asking to pay them the amount of 45000 for PF clearance.
Now, I lost my career for 2 years and spent 8-10 lakhs for medical treatment. Today, I am alive only because of god's blessing and family love & support. Finally, I have received the great physical and mental pain from employer for being sincere in my work. I am unemployed now and searching for a new job in bangalore.
Do I have right to file complaint in labour office for this injustice.
Please let me know your valuable suggestions.
Appreciate your quick response!!!!
From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Sr Manager Hr & Compliances
jeevarathnamDear Ms. Manasa
You send the mail to HR & concerned people to clear your relieving formalities. As you have the proper reason for not continuing the job nobody can force you to continue the job. Have you signed any contract?
As per any labour rules the notice period is for one month only. They have no rights to hold 3 months salary.
Even after they are not responding the mails and relieving you and settling the dues you shall approach the labour inspector of that particular ward. he will help you to get back the relieving documents and the final settlement amount.
Regarding PF you need not to bother. You can any how claim even if the employer is not processing.
From India, Bangalore
Thanks a lot for valuable response!!!!!!!
I am planning to apply PF process directly to EPFO office Bangalore with all the valid documents like Bank officer attestation, offer letter pay slips and relieving letter. I will drop a mail to PF commissioner explaining the current scenario of this issue.
I have sent 'n' no of mails to the HR for FNF settlement, but no response from their end.Coming to my offer letter, I didn't signed any bond in it. As per company policy, employee was on probation period was first 6 months and becomes permanent employee for completion of period. I worked for 9 months in this company without any leave and Notice period is 1month.
12 th Rule from offer letter:
a)Notwithstanding anything to any contrary contained herein, the company shall be entitled to terminate the employment, without the necessity of showing any cause, by giving the advance notice of thirty(30) days or by paying salary in lieu of such notice. Likewise, employee shall also be eligible to resign from the service of company by giving the notice of 90 days.
b)Provided that in the event of an employee resigning from the service of the company, the company shall have the right and privilege to relieve the concerned employee its services immediately or at any time during the period of notice without any obligation for payment of any salary beyond the date of his /her actual release from its services.
Can I go forward to the labour inspector for this issue. Will it cause any remark on me. Could you please suggest on this..
Appreciate your help!!!!!!!!!!
From India, Chennai
That is the reason I am asking you to consult the HR of the organisation. If at all you approach the Labour Inspector then later if there is any background check they might give the negative feed back on you. If you are not bothered about the negative feed back then you will have no any issues.
Can you please tell where the company is located. Why can't you approach the HR of the company in person and discuss the same and explain.
12th Rule from offer letter
No where the 90 days notice period will stand in front of any court or labour department. You can even claim the salary for 2 more months.
Any information you shall reach me
From India, Bangalore
Thanks for your prompt response!!!!!!!!!
I really feel good now after your clarification.
Company is located in Bangalore near old Airport road.I had consulted the HR person once during the exit formalities. He has asked either to rejoin the company for the same package (or) to complete the formalities of resignation. I am really tired of this company & had no interest in joining the company back. So, I resigned it and HR has assured to settle the amount in 2 months and it never happened till now. He has wasted my precious time for 3 months( also lost permanent job offer in Level 5 MNC due to pending relieving letter at that time) and replied back to pay an amount of 45 days Notice period as loss to the company for further PF processing. I don't want to meet him face to face for any heated discussion as it is of no use.
I have two options now:
1) I had attended the interviews in Bangalore and waiting for offer letter confirmation. I have to join any company and wait for 1month for completion of background process and then report a complaint to labour inspector.
2) I would like to report to the Labour inspector right away as I bear to much pain in terms of financial loss and also mentally. I have all medical certificates for career gap in employment. Health problem is a genuine one in everyone's life and lost career due to drug reaction. It can be explained positively to the new company HR.
Please suggest your valuable thoughts on this!!!!!!
From India, Chennai