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Anonymous
Dear Sir
I am a straight forward and don't believe in buttering anyone , I am honest & faithful to my work & employer . I have joined in a pharmaceutical company in 2014 as an Area Manager based at my home town (non capital) of a state . After strong interview with Marketing Manager and as of my nature & character I was disqualified , but there was strong recommendation of my immediate manager on the basis of information he gathered from market regarding my strong work culture. Since from the very beginning I was disliked by my Marketing Manager and it will remain with me forever. I had spent 3 years & 8 months with lots of pain with torture & humiliation , with hope that everything will be fit & fine ." Kyunki har daal pe ullu baithe hain anjaam gulistan kya hoga ". In my profession every company every where such creatures like marketing managers are available in plenty.
In my profession all unethical practices are done by managers in-spite of standard operation procedure and so called MCI guidelines but no company is following . If their activities scanned under RTI all will become naked. I had been appointed in City A which is not a viable HQ of mine . My HQ must be a capital City of the state. But to hide unethical activities I was kept at farthest city my home town so that I may not know the things or I may not interfere. But the truth remains the truth and it comes out . From top to bottom people knew what was going there. And my immediate manager was removed from the company. As my immediate manager was under Marketing Manager so after him I went directly under that Marketing Manager. In short course of time working directly under him perhaps I was able to gain his confidence & trust over me that I may be straight forward , I may not believe in buttering but I don't believe in unethical things and I want to do my best ethically.Knowing every situation & condition of the state that Marketing Manager offered me to get transferred in other division and bring any close friend of mine in my current division and guide him , so that company start smooth functioning in both division.
But I was in prime division so I took some time to think over it & finally refused to get transferred. In the mean time that Marketing Manager meet with an accident and there was reshuffling and as I was not eligible to report Marketing Manager directly so one neighboring State Head taken the charge of my sate and he comes in between me and Marketing Manager. The State Head who had became my in-charge and the person who was my Immediate Manager who had been sacked out both belongs to the same state and my Immediate Manager was promoted under him. After the new Manager taken the charge , his attitude & behavior indicated me that he is having wrecked intention towards me. He believe that I am the personal responsible behind the job lost of his statesman . He started squeezing my from every possible way but I didn't given him any space. Then he started moulding my subordinate by giving him treat and taking him to movies. Who don't want to sit on the lap of manager who is superior to his immediate manager . When He didn't get any way then he started pressurizing me to change my HQ from my home town to capital town.I tried to escape from it because as I will be transferred to capital city I will be pressurized again to shift my family also.
But in Dec 16 in a meeting whole day I was under extreme pressure & torture due to humiliation and finally at the end of the meeting I had given mail to transfer my HQ from my home town to Capital Town. At that time my son was going to finish his 9th standard. After my mail immediately it was accepted and pressure of shifting my family started. At that time strongly I told them that since my son is in 9th class so it is not possible to shift for me to shift my family. As I have to do my job also so I tried my level best but not able to shift as the board examination process had been over. In Feb 17 I was told to set few doctors to prescribe our formulations on bribe . A doctor was selected and the doctor demanded a Fridge, that deal was finalized but I was instructed to claim the amount through food bill. Finally a Fridge was purchased & delivered at the doctors residence . The wife of a doctor was religious lady and she refused to accept the same and also scolded the doctor for such a cheap activity. Ultimately the fridge was returned & to settle the account of the fridge I have to be there next day . So to change my tour program I had given mail with entire episode . Then I received a phone all that why I had given written mail for that. In the month of March 17 my Manager told me to hand over him food bill of Rs 40,000 so that the amount would be credited in my account that I will be able to spend on my doctors in the FY 17-18. I was knowing that I had not given him chance to trap me now he want me to trap so that with that proof he can terminate me. So I refused to give false food bills.
In May 17 I met with an accident in remain on leave for more than 20 days . I joined in 1st week of June 17 that time I was told to leave the company , I outrightly refused , and told that i won't leave do what you want to do .On 23/06/17 I got transfer letter to join to Guwahati on 1st July 17. Since I was not recovered properly & was in a mood to open everything to the higher management that is to the CEO & owner of the company that how their managers are running the company. So I went Guwahati to resume duty after reaching there I receive mail on 30/6/17 that I had been demoted and I have to resume duty at the lower level of Medical Representative . I resume duty there on 1/7/17 with my Manager but unable to do field work due to pain at injury sight from 2nd July I went on sick leave & returned back home.Since it was not possible to work as demoted employee or at the lower level . So I decided to go for other options. As my parents both father & mother remain sick due to their old age . I got an opportunity at my home town and in the mid of July 17 I joined that company without giving resignation. Because with that company getting final settlement is a big issue . In front of me more than a dozen people have left in my state and no one got their final settlement . Those people who have left were worked for not more than a year, but I had worked for 3 years 3 months, so I decided to get my all earned leave to be encashed. So I continued to work in the new company . But after working there I was feeling uncomfortable and market feedback was also not good.
In July 17 I got half month salary credited in my account. In August 17 also I got salary in my account but didn't get salary slip. I was also waiting for appointment letter but that also didn't reach to me . In September 17 I suddenly met with a people who had left that company. He disclosed every thing that the company will never give salary slip & appointment letter and also PF is not given . He had worked there for a Year but never get these things . After that I was started feeling the blunder that I have done & in the mean time after my PL exhausted my previous company mailed me to resume duty with a deadline. So thinking my betterment & career I decided and went to Guwahati and resumed duty on 25/9/17.If I had not joined then there will be a great loss.
Because my all medical bills were pending and both my LTA and medi-claim were also going to be reimbursed in DEC 17. After that the new company people started tracking me and given written communication to my old company that I had accepted their employment also. On 28/11/17 I have been given a Show cause notice by old employer , I replied writing everything also asked to produce salary slip & appointment letter . I have enclosed my EPF account statement for PF contribution , because they had not contributed even a single rupee in EPF. But they had not bothered for my reply and issued a Termination Letter on 7/12/17. Also they had given me threatened me to give my name in newspaper and demanded to return all PL and other amounts which I have been paid from July 17 on wards also I have been threatened for legal action. I had worked there in field upto 28th Nov 17,but my salary had not been paid also expenses of Nov 17 is due .
Kindly guide me what to do . I am jobless from last 1 month and I want to challenge both transfer & termination . Can I challenge & if I challenge what will be the chances . What I have written all can be proved. Need valuable suggestions of yours.
Thanking You

From India, Patna
KK!HR
1530

After seeing the whole story, I am not of the view that you have a strong case in favour. The very fact that you had worked elsewhere, albeit for a short period without PF, would be a strong negative factor against you and the management could be in a position to produce some supporting evidence by way of friendly doctors or pharmaceutical shop employees whom you have canvassed for the second company to prove the charge of double employment/dishonesty etc. The evidence of malpractices of the company would help you in negotiating with the first employer on your terminal benefit, but in real terms it has limited utility in proving malafides against you. The bribery scandal involving doctors and pharmaceutical companies is well known trade secret in your profession, howsoever unethical it is. But your claim of the benefits from the first company is due and valid as per rules and you should insist for their payment. Thanks a lot for the detailed description of the problem, otherwise we would never have comprehended the whole issues behind your grievances, which appear genuine but without, it is feared a satisfactory solution.
From India, Mumbai
nathrao
3131

The hostility which has developed with you is a clear indication that the company wants you out.
Legal solutions may on paper be available but in practical point of view it is useless.
Look for another job and move on.

From India, Pune
umakanthan53
6016

Dear anonymous friend,
The incidents you've narrated certainly evokes pity. At the same time the fact that you acted more emotional than rational in your employment transactions can not escape one's attention so easily. Your story reminds me of some one's observation that efficiency leads to insubordination and in turn insubordination leads to incompetence. We will certainly become a misfit in a permissive society, if we nurture a strong " holier than thou" attitude and exhibit it very conspicuously. When we take up paid-employment as our career and means of living, not withstanding our family circumstances or degree of our sincerity and efficiency, we can not be insistent on working in a place of our choice only.
Coming to your queries. The most negative aspect of your situation is your acceptance of dual employment. The cost of litigation would be more than the monetary benefits due to you. Therefore, my suggestion is also to find a new job in an organization which is more people-oriented.

From India, Salem
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