Dinesh Divekar
Business Mentor, Consultant And Trainer
Lavika Yadav
Manager-hr
MPK222
Hr Executive
Sumo2016
Editor

After working 50 days the newly appointed VP verbally fired me without any prior notice nor any issuing warning. He just informed me showing reason of "no job" for you and don't come from tomorrow onwards. Your payment will be transferred to your account. This is on 9th of February. Till the fired I also didn't get the salary for January. After few days of waiting I wrote an email to HR deptt. that I've been fired and still now I didn't get my full & final settlement. I got call from that VP to come office and sign the documents so they can settle the account. Surprising when I visited VP along with HR trying to explaining me don't say "Fire" or "Termination" and giving a pre-Formatted Resignation letter and "undertaking". As I'm a skilled operator and know my work , I refused to sign the resignation letter and undertaking. VP trying to explain me sign the same and after few days the money will come to your account. I simply said "NO".

As per interview taken by their manager:
1. My official timing: 10-6 (Mon-Sat).
2. Compensation for Extra Hour

When this VP joined in January changed the timing to 10-7 pm and 6 days week. As a responsible person I worked very hard. During my work VP is as usually giving lot of pressure to deliver the work within few hours i.e. 2.30 hours for each work. I already informed that as human it's not possible to deliver the same within this time. This is actually unrealistic to deliver the work with quality. generally it takes more than 3-4 hours. Looking the work we spent more than 10 hours each days. Even worked from home as per his order. Company maintained online attendance records.

Even they don't serve a salary slip where can see the amount they're paying. I got my January payment after termination i.e. 11th of January. When saw that there are no payment for extra hour worked. Notified that to HR.

When I talked VP he committed to pay my full & final settlement. After waiting another 50 days I got called from VP that collect your full & final settlement check. Asking the total amount, it's surprises me to that it's only 9 days of salary. Asking about extra hour of work, notice amount he refused to pay anything other than 9 days. Telling me to the amount is as per your "Letter of Intent". I's supposed to get appointment letter within 7 days of joining that I never get. I enquired with HR manager many times, He simply told that time it'll come from their head office which is in another city. Letter of Intent is same as "Appointment Letter".

My question is can I take any legal action against them also get my compensation & damages as per the applicable law. The office is in Gurgaon.

From India, Delhi
Dear Sumo2016,
What is happening with you is quite unfortunate. You have confused yourself with the roughshod treatment by the VP and non-payment of the wages. You may make a formal complaint in the labour office of your area for non-payment of the wages. While approaching the labour office, take evidence with you that you were employee of that company and about non-payment of wages.
Let us see what transpires in the meeting with the labour officer. Come back to forum thereafter. We will guide you again.
Thanks,
Dinesh Divekar

From India, Bangalore
Thanks for your suggestion. Please do clarify about "Confused Yourself" I didn't get the point. The actually VP treated me as like a bonded labour, inhuman behaviour by pressuring to finish the work within the stipulated time set by them. As a human being it's not possible to deliver any work. I'll approaching to labour court to sue them. Do I also lodge complain with local police?
Thanks

From India, Delhi
Dear Sumo2016,
Well gentleman, I recommend you not getting emotional. Giving roughshod treatment to the subordinates is one thing and non-payment of wages is another. Do you have concrete evidence for the former? If you get into litigation, the case will drag for years and unnecessary it will divert your attention. As written in my earlier reply, make a complaint in labour office for non-payment of wages and move on.
Thanks,
Dinesh Divekar

From India, Bangalore
Waste of time.
You are liable for 9 days salary. If you have any written communication from your office stating not to come to duty and notice period clause in your loi then you can lodge a complaint with asst. labour commissioner. My strong suggestion is look for a better job and be peaceful.

From India, Chennai
Still non-payment of wages. I demanded them to pay extra hour work done by me including work done from home, compensate for holidays, as they didn't given me any holidays during those 50 days etc. Do I eligible for the same demand?
From India, Delhi
thanks for your reply. Yes it's waste of time. Wasted 50 days working there but happy to get fired as I believed got Freedom from a bonded labour, where in the name of management the VP is nothing else, a very bad team leader. Nothing can manage, motivate to his subordinates, instead talk about "fire". I got this from his first meeting with me. Instead of team work he instruct us to do individual work. Thus the failure of the job. Anyway I believe it's not my concern.
In Loi mentioned "notice period of 7 days" if they terminate me, and it's 1 month if resign. Whereas I think it's same period for both side.
I 'd like to know the rules as per labour law what'd be the compensation in this case.

From India, Delhi
Dear sumo2016,
As per your Loi "notice period is 7 days" if they terminate u, and it's 1 month if resign is not correct. either you resign or terminated notice period should be same both side. If they had terminated you without any prior intimation then they are liable to pay compensation. As per my knowledge they need to pay for 1 month compensation, because notice is same both sides. If you have evidence i.e termination letter or mail, you can go through labour office to claim your compensation.
Seniors please correct if any thing is wrong in this.

From India, Hyderabad
Thanks for info. VP didn't serve me any termination letter, it's done verbally on 9th at 7 pm and inform me don't come from tomorrow. Even HR people also referred me to talk with VP for settlement. The HR don't reply to my email. After getting terminated waited 2 days and send them a email that I get fired by VP to the HR. This is I did thinking they might mark as "absconded".
From India, Delhi
first of all when VP asked you to leave you should have asked him to send you a mail regarding this.You left on verbal notice and did not take any proof.now you can do one thing correspondance through mails or keep call records.If management is playing foul game then you also need to play smartly.And if after followups on mail they refuse your Fnf settlement then you can go legal.
But firstly make your self equipped with evidences.
All the best !!!

From India, Mohali
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