Madhu.T.K
Industrial Relations And Labour Laws
Riteshmaity
Labour Law Advocate

Thread Started by #a9jali@gmail.com

Hi Sir/Mam ,

I would like to bring you in notice that i was an employee of a US based company named Samiti Technology, based here at Noida.

The company had a past habit of termination employee even after performing good, by giving them no notice and stating a reason of non-performance.

Same thing happened with me, i was having exams , approved leaves, but still i was working from home so that organisation doesn't face any loses.

Till the time i was working from home , everything was OK. The day i went to office, the VP was here , and he started giving reasons , like i use to call on phone, a designation with HR , will not talk to the consultants ? Where will i talk then ?? Then he said i use to take long breaks. This organisation needs an email even for going to washrooms ( which is very weird ) and then if the washrooms are consumed , we have to come back and send the mail again.

This organisation didn't provide me any offer letter, i only got a mail on my email ID.

So that day the VP started giving reasons , one i told above other was i use to carry laptop to my home, he said there is lot of dust and we need to get it repaired, and your work is also not satisfactory, which a day before was good as i was working from home and also having their property with me.

So he asked me to leave at same time at 10 in the night without providing the cab. I requested but he didnt entertain. I left by my own at night. He didnt give me any warning , no warning mails that your work is not good or you are making mistakes in the excel sheets, and then i had to run for my salary calling them and sending them mails.

I got my salary after a deduction of 5000 INR which according to him is the cost to get the laptop repaired for the MS Office 365 , and the Keypad , he provided me the bill but it was no where mentioned that it has been bought for SAMITI TECH plus how shall i believe that i was for the same laptop.

So now they are not giving me any notice , plus not a month's salary , moreover they deducted amount which was no where mentioned in the TnC of the letter of intent they provided me.

The Below Clause is there in my LOI

4. Your services are terminable with one month’s notice on either side. The Company may, at its
discretion, choose to terminate your services with till date Salary in lieu of notice period.

Plus there is no clause stating if there is any virus , in laptop they will be charging it from my pocket , why didn't they had a good antivirus ?

I request all here to help me out for this issue please.

Thanks In Advance !!

Regards
Anjali Sharma
21st April 2016 From India, Noida
If you are a 'workman' and have worked for at least a year (240 days), you can raise a dispute before the Labour Court under Industrial Disputes Act.

It seems that your termination is illegal and bad in law. Even if someone is terminated for non-performance, proper warning, show cause is to be given before proceeding with domestic enquiry and finally awarding a harsh punishment like termination. In your case non is followed.

The total amount of benefit post service depends on the tenure of service (so details is required to give a fair idea).

The company cannot deduct the cost of repair of laptop from your salary. First, they need to prove that the damage was due to your faulty. Secondly, the amount (Rs5000) was infact the amount that was spend on the repair of damage of the laptop cause by you. Even if all these factors go against you, your employer cannot deduct/ adjust from your salary or dues. Only option left to them is to recover the said amount from you through money suit.

For more information, check my blog www.labourlawhub.com
23rd April 2016 From India, Kolkata
The advice given by Riteshmaity is okay from the perspective of law, but will not work practically. First of all to be able to fight against illegal termination following the provisions of the ID Act, the employee should be a worker. Second, if he/she is a worker who has no reportee under him/her, he/she should be able to fight the case before the Labour Authorities or labour Court. Most of the companies who give laptops to their employees and allow them to work from home, do have a laptop agreement or a laptop policy in which the factors like repairs and anti virus matters would be discussed in detail. An employee who leaves the company is expected to handover all the assets belonging to the company in good conditions and failure to do so would attract penalisation. I don't think that the decision to recover an amount to repair the asset would be unjustifiable. In employment contracts, the practice is to deduct the amount due from the employee from the amounts payable to him in F&F and for which money suit is not practical.

It is true that terminating for non performance without giving opportunities for improvement is illegal. But the same without giving the reasons will be legal when it is during the probation period. Therefore, before we come to a conclusion we should also know whether the employee was on probation or not. Moreover, performance is a relative term and would vary with changes in set goals/ KRAs for the year. Due to this good performer in 2014 may be rated average in 2015 when he is given a revised KRA for 2015. An employee promoted in 2014 may be rated bad in the next year because he may not be able to show case the best in 2015. Therefore, it is always difficult to prove before an employer that "I was great".

I personally feel that going legal on such matters would not give any result. Just think that an organisation which insists for mail communication for leaving workplace to washroom is not worth working and therefore, please do not continue there. Leave it right now and forget about the notice and amounts charged by way of penalty etc. You can also advise your friends not to join the company. If you fight you should win and in order to win, you should have proofs and time to spare. The second thing is very important because you may not get leave from another company where you join to appear for hearing etc and don't ever think that the matter will be closed in five years from now.

Madhu.T.K
23rd April 2016 From India, Kannur
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