HR_ROY
Management Coach I Hr Strategist I Career
Qwertyqwer
Brand Manager
Arushi Nigam
Executive
+3 Others

Hi,
I am writing on behalf of my wife who worked in a small company in Hyderabad. She joined with a different perception about the companies and when she came to know that the organization is not at all what was promised and the culture was not safe for girls she decided to put her papers. While she was in probation period she left with 1 days notice after handing over everything to HR. Now the owner of organization has all of a sudden quoted full 3 months salary in the F&F settlement and written a threatening mail.
We seek a professional advise on the same. Should we approach any lawyer against this harassment
14th December 2015 From India, Hyderabad
What does her appointment order say about exit during probation?
How long was the probation period and how many days did she work?
Did she ever highlight the "poor" working culture affecting women employees?
Have other women employees complained about culture?
While you can take advice from a professional lawyer,there is nothing much to be worried about threatening mails.
14th December 2015 From India, Pune
Dear,
Prior saying anything, would like the know the T&Cs mentioned in the appointment letter regarding resignation during probation. For how long she was on probation ?
Also was there any written complaint regarding miscommitment about profile/salary/org. culture raised by her prior resignation?
If no complaint has been raised and appointment letter says that during probation employee needs to give 7/15/30 days notice prior resignation or salary in lieu, then she would be liable to pay the salary of difference days of notice period.
And if appointment letter says that once an employee completes 3/6months/1 year of probation, then he/she will be deemed to be a permanently employee automatically, then in this case you need to check out the T&Cs mentioned in the appointment letter for confirmed employees.
Hope this will be helpful. ..
14th December 2015 From India, Delhi
Apart from the seniors view mentioned above, was she the only female of that company and has she given any written complaint about her safety to the HR. Please elaborate so as to given appropriate view.
With regards to threatening mail nothing to worry about, legally they cannot do any harm to you/your wife.
15th December 2015 From India, Ahmadabad
Thanks everyone for extending your support,

Mentioned are the details

1. There were only 5 employees in Head office,only one lady HR is there who is also not very satisfied with the organization.

2. Management has complete control over all the processed including HR

3.The probation period was 3 months, My wife worked for 2 days less than 3 months.The notice period was not mentioned in the offer letter , while joining HR communicated verbally that during probation the notice period is NIL and after confirmation it is 3 months.

4. When she send a mail regarding her decision of moving on, she was threatened that they will ensure that she is not able to join the future employer and is being terminated in their records.

5, Communication of current working environment was not an option as MD had almost full monotony on the other employees. Situation was so worse that HR was even scared to get the approval for employees salary which happened to have a mandatory approval of MD that too after sarcastic comments . There was no point of escalating it to that single helpless HR lady.

Attached is the threatening mails and communication from the organization
16th December 2015 From India, Hyderabad

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Also when we approached the organization to behave professionally rather than recovering 100 % of 3 months salary which is too much for anyone to digest.
Attached is the response , intentions are quite evident
16th December 2015 From India, Hyderabad

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File Type: png Blackmailing.PNG (122.5 KB, 49 views)

As you are saying that nothing is mentioned in the appointment letter regarding notice during probation , then you don't need to worry. Keep on following up for full n final payments. Take a time line from them as per their policy. If after said days they don't make payment, then file a case in labour court.
But is there any line in the appointment letter like " resignation during probation should be governed by company policy" ? If so then that is a concern as this is supported by the line written by the director as can be seen in the attachment. This is a silent line and in favor of the employer.
Also note , almost no employer will count her experience of 3 months and hence no verification would be needed from this company.
17th December 2015 From India, Delhi
#Anonymous
Dear Sujan,
Thanks for your suggestion, but the fact is that since she did not complete the probation, she was not given the appointment letter and we are not aware of the content of appointment letter.
Though we don't expect an experience letter from this organization, but we feel very suffocated as someone is literally threatening and blackmailing and we are not even able to respond to his open , written and well documented mails.
He has given an option of agreeing to termination or pay 100 % of 3 months Gross Salary, thats really unfair.
17th December 2015 From India, Hyderabad
The answer to his pressure tactics is a legal notice.
Otherwise just forget 10 days pay and move on.
His termination letter stating unethical exit has no meaning.
Just do not reflect this short period of three months in your CV.
18th December 2015 From India, Pune
Hello,
See as she didn't received any appointment letter , it means she was not appointed there.
But, be confirm that your wife had not signed any document , bond or letter containing any terms and conditions.
If they don't have any proof in writing or even in mail from your wife accepting certain conditions then they cannot take any action in this case.
18th December 2015 From India, Mumbai
Dear,
As no appointment letter was issued to her, so no t&cs can be imposed on her. But you need to check whether she has signed any other documents containing any t&cs . If not then you are free.
I agree with the good suggestion/possibilities given by Mr. Nathrao and Manhr on this. Hence proceed accordingly.
For any further clarification, you may please revert to us.
18th December 2015 From India, Delhi
Dear All, Thank you very much for your support and advice. We have decided not to pay much attention to it and move on. In case he still tries to force, we will go for a legal action.
18th December 2015 From India, Hyderabad
Hi
A friend of mine was working in a company but due to accident one day while going to office she was not able to continue her job and due to that accident she was not able to inform her seniors about the accident as her phone got damaged and she was in hospital.After 2 days after coming home she informed her seniors and wrote a resignation email to them with all attached medical documents but her seniors are thinking that her accident was fake and so they didn't provide any response to the mail and not providing her relieving letter.She tried a lot to contact them but they are not responding now she got some good offer in other company but she don't have relevant experience documents to present over there.Please suggest what she can do in this situation...???
13th July 2016 From India, Delhi
Dear Arushi,
How long your friend worked in that company. You may have salary slip or proof of bank account for having received salary that would come as a believable substitute of a relieving order.
As far as the accident is concerned, it is for your friend to prove what all you say. It may not be easy. She may opt to write a detailed letter to the VP(HR) or the Chief of the company explaining the circumstances and appeal for their interference to get justice.
13th July 2016 From India, Madras
I suggest that your friend to brief every thing with the support documents to the new employer and in my opinion they may understand and accept however simultaneously she should send a notice through a lawyer to the previous company to settle her full and final and to release her service certificate etc., If she worked for more than a year then it is worth to pursue if not then better to forget and pursue some other job.
13th July 2016 From India, Hyderabad
You have not mentioned the following details so as to give an appropriate view
1) Since how long was your friend working with the company
2) What made her resign from the job, was it health ground and proved by a Medical Practitioner
3) After how long (period) she has applied for a new job
4) Is she medically fit now to resume job
Please answer the above so that learned members can give their views accordingly
14th July 2016 From India, Ahmadabad
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