The point-wise replies are as below:
a) If you have worked for five years in the company and if HR joined the company after you joined, then how come HR is responsible for the salary difference (committed against actual) is not understood.
b) If HR was interested to handle work related to PF/ESI and management was not so enthusiastic about then you could have told HR to put up application asking to enlarge scope of her work. Why you did not do that?
c) It appears that you have left the job in a fit of frustration or annoyance. However, this cannot be said as professional approach. We always get tension from juniors, seniors or peers but how to manage it is the professionalism.
d) If rumours are being spread about the cause of your exit then just ignore them.
e) If HR was "torturing" you then why you did not file complaint against her to the top management? What efforts did you do to settle the issue in-house? You have written that "After giving warning they have started using abusive language in cafeteria (in indirect way) in front of other employees . Most of the time I have ignored it but when I realized that they will not stop doing this then I gave resignation." If so many things happened then why did you keep quiet? Why you did not approach this forum that time?
f) As far as approaching labour court (or civil court) is concerned, it may not be feasible as you need to have proper proof of harassment. What proof do you have?
g) You have written about the internal matters of the company on social media. What was the need to do it? Why you could not show restraint? What was the need to was dirty linen in public? Now what if company files complaint against you for maligning image of the company?
You could have approached this forum when the harassment was going on. Why did you approach after leaving the job? By the way, before leaving the job, have you submitted Form-1 to claim gratuity?
Anyway, at this stage I recommend you closing this chapter and moving on. Start looking for the job vigorously. You should be able to get new one.
5th October 2018 From India, Bangalore
#AnonymousThanks Divakar Sir for your suggestion.
I know i have done some mistakes which should not be done. But its a human nature that when they unable to think properly then they do mistakes.
Following are my replies on your suggested points:-
A) On the time of my joining there was different HR team. I know this is not logical but our salary structure is little bit complicated because they are showing FCTC to employee and most of the employees (who are working more than 10 years) has doubt in salary structure and most of the times employees is saying that we are giving them salary after deducting so many amounts. We have tried to convinced senior management to change salary structure but they have denied it. In that case may be they are doing the same purposely.
Due to difference in basic my all payout related to basic has impacted. That's why I want to claim that amount. If it's possible then I will go ahead otherwise there is no problem.
B) our owners are living in USA and they visit india 2 or 3 times in a year for 15 to 20 days. HR has not informed to them that they want to take over charge and they internally planned it. I was not aware about it and I had sent a mail to owner about Handover. After that my RO ( RO for both HR and Finance) has angry that without talking to him why I had sent mail to owners. Finally I had hand over all things because I have already too much work.
Most important point that HR has made complaint to owner against our RO (Common RO) and said that they had created misunderstanding between HR and Finance and after that due to some issues our RO has resigned.
C) I know that I have left job due to frustration but I have tried to sortbit out but that was not happen. Actually there are 3 person in my team and 1 year ago they both left job and I was individually handling a team same situation was in HR team. There was 2 members but after leaving HR manager only one personal was handling their team. Company has not appointed any one due to cost cutting. And company has also started changing vendor on competitive price. After changing vendors we found mistakes in every invoices and if we are asking about it then HR team started arguing. I have informed about it to owner and they have also found the same things but they are unable to say anything in direct way because She is handling HR individually and she blames that evey mistakes has done by new HR executive. Sometimes we have stopped payment but due to our HR mistakes we can't hold payment for a long time.
In short this is corruption case and due to my findings they are facing problems that's why they are making problems.
D) I agree.
E) I have so many times sent mails to my owner and they told me that they are working on it so please ignore it. But how many times I ignore it. On the last time they called that " hum jaha jate hai wha hume dekh kar kutte bhokte hai...Kisi din gadi se kuchal denge"..On that time I have also informed to my owner but after discussing it HR and other people has declined that they have not used that words.
Earlier I have tried to file complaint as per company internal policy but I thought that if o will file a complaint against HR then it will affect their reputation in front of other employees that's why I have ignore that.
F) Still I have no evidence but I have sent written mail to my owners so they have records.
G) I know that I have done mistakes but I have not written anything about company because I have no problem with company.
I have received my gratuity with my Full and Final.
I also want to close this chapter but I have faced so many problems as well as they are ruining my image that's why I want to file complaint so that they will not do the same with other people.
5th October 2018 From India, New Delhi
Stop worrying about other people being targeted.
Every individual handles issues differently.
By filing a legal Complaint/case you are going to loose mental peace by reliving bad experiences, spending your savings and time on lawyer/courts etc.
Move on with your career and analyse your own mistakes in the whole case.
Self introspection with genuine intent to change/improve will do wonders.
These challenges happen in life and positive approach will make you more confident and capable.
Rest assured a suitable job will come your way.
In private enterprise jobs, it is always important to have suitable nest egg of savings which will tide you over periods of no job or other crisises.
Focus on getting new job.
Invest your present time on skill enhancement by joining suitable courses(instead of spending same amount on lawyer fees)
Posting anything on social media about employment issues has to be avoided.This is first lesson for all employees.
Pl take the advice in positive spirit and move on.
Future is waiting and past is closed chapter.
Advice of learned poster Shri Dinesh is correct.
Hope you take this advice in right spirit.
6th October 2018 From India, Pune
Better to ignore the things, once you have resigned, take it as "you have closed the chapters" and forget the past; focus on future.
If, it is difficult to forget, because I am unable to understand the agony you are facing, it is suggested to send legal notice through advocate to concerned HR person to stop spreading rumors and for his past behaviours with proof.
It will give you mental solace only and you are not going to get any material benefit out of this.
All the best for future endeavor.
8th October 2018 From India, Ludhiana
One can only sympathize with you. Possibly, some wrong has been done and it is very natural for you to feel deeply hurt to the extent that it is driving you to teach lesson to HR person who has inflicted injury to your ego.
BUT THINK OF THE END RESULT IF YOU MOVE FORWARD ON THE CONTEMPLATED LEGAL BATTLE IN THE ABSENCE OF CLINCHING EVIDENCE.
Just some email correspondence will be of little help in proving behavioral aberrations.
I honestly believe that you do not have very strong evidence against the HR person to move legally against.
However, now that you have resigned, you can send well-drafted and legally tenable letter to the powers be giving entire sequence and perspective which led you to resign and appeal them to take corrective actions in the larger interest of compamy's reputation.
I share the same view as some senior colleagues that you should concentrate more on getting a job than going after futile legal battle.
8th October 2018 From India, Mumbai
I feel sorry for the plight you had undergone in your career.
You want to take legal action against your employer, but on what? You have not mentioned your designation, salary etc. Sec. 2(s) of the ID Act very clearly mentioned about the definition of workmen. The terms of appointment is also very important. Under the contract of appointment, the management might have paid you the emoluments. Before signing the offer letter, you could have get the clarifications about the clauses you have in doubt. Did you approached your superiors politely on your grievences? do you have documents/correspondence as proof of your case.
You can approach the civil court Under Sec. 14 of special relief act. But, it will take its own time and also expensive. Once the future employer comes to know about all your attitude towards employers, they may not hire you . They will seek the backdrop information from your past employers.
As my friends suggested, forget the past and move on your future. Be positive in your approach and prove your worthiness to your employers. No employers would like to loose a hard working, dedicated, devoted and competent employee. They are hiring such employees not only for their growth, but also for the growth of employee and to maintain good employee-employer relations.
This is my 44 years of experience.
9th October 2018 From United States, Cambridge
Because it sounds like entire world is targeting me
With such limited evidence you wont get far enough in legal action because you dont have much proof and witness
Also the person who told you about rumors is he Harishchandra? so move on
17th October 2018 From India, Mumbai
#AnonymousThanks to all Seniors for giving me positive response with great knowledge and valuables suggestions. I understand all things deeply and I will follow it.
And special thanks to Mr. /Ms.
"ANNONYMOUS" who thinks that they know all story vey well without knowing anything. That's why they suggesting that I need to find out my mistakes. Actually if I was unaware about my mistakes then I will not ask others opinion but I know it very well.
And there is no issue about Harishchandra or anyone else. I know that who is telling a lie without knowing fact if I will blame anyone then I will face problems in near future.
I have closed this chapter before your valuable suggestions. So thanks a lot.
17th October 2018 From India, New Delhi