Dinesh Divekar
Business Mentor, Consultant And Trainer
Bhartiya Akhil
Freelancer

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Anonymous
Hi, I put a harassment complaint in the company against some of the employees. Instead of taking action on them, the company forced me to give resignation in the month of Feb2020. The company gave me one month of extra pay. I have 6 years of work period there. I want to ask how much money the company was liable to pay me? Also, can I take any action against the company?
From India, Delhi
Dear member,
What about gratuity? Has the company paid gratuity to you? What about leave encashment? Was there un-availed leave? 
Did your company give you the "Full and Final Settlement Sheet" (FFS)? Please check the payable attributes mentioned in the sheet.
If you have rendered six years of continuous service then you are eligible to get the gratuity. If the company has not paid gratuity to you then submit Form 1 under the provisions of Payment of Gratuity Act of your state to the company. When you submit the form, prepare the two copies of the form. Submit one copy and take signature on the second copy from the HR Department. For your records, you need to have your own copy also.
Thanks,
Dinesh Divekar

From India, Bangalore
Dear ANNONYMOUS Friend,

Kindly provide following details:

What kind of harassment complaint you made?
What is your gender?
How many employees are working in your company?
What deductions from your salary was made by your company?

You tendered the resignation in the month of Feb 2020. After 6 months you say it was forcibly taken by your company. You can not do any thing now for your resignation taken by your company forcibly. Do you have any evidence to the resignation taken forcibly?

If you are a female and the harassment complaint you lodged for, you are having a proof of it, probably you can initiate action against your company, irrespective of number of employees your company has.

Gratuity Act is applicable to your company if your company is having or had any time in the past 10 and more employees.

You should get salary in lieu of un-availed leave by you.

From India, Mumbai
Anonymous
Required details are as follows:

1) I am male.

2) Company is a multinational company with thousands of employees.

3) I resigned in month of Feb2020 then there was three months of notice period which I served thus my last working day was on month of may2020.

4) I could not took action earlier because of coronavirus lockdown.

5) Company paid me all gratuity. They also gave me full n final settlement sheet.

The harassment complaint is as follows:

Due to some ongoing personnel problems i became too much stressed and used to remain some what mentally disturbed on those days. Some employees of company began to make my videos making my fun. They used to say me PAGAL(insane) openely and loudly. I put a compaint against that in HR. Then they started to comment on my religion. They used to pass open threats that they will beat me outside the company. When I put complaint against them many more employees joined them and began my harassment openly in this way on mass scale. Nearly whole department was involved in this. When i took this to HR, HR forced me to give resignation instead of taking any action on them saying that I am not medically fit and my complaint is not valid.

HR actually said me that THEY WOULD TOOK ME BACK IN COMPANY after medical treatment but for now I have to give resignation. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign but they forced me and assured me that they will took me back so i gave resignation.

MY company has a portal for resignations where employees can took the resignation back even after some time if taken back with in the notice period.I did also same. I tried to take the resignation back in that portal with in the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I put several mails from external mail to them regarding my complaint and this account blocking but they did not reply to them. Ultimately my last working day came and they gave me full n final settlement after some time.

They paid me gratuity and one month extra pay.

Thanks

From India, Delhi
Dear aggrieved member,

On reading your post, one can make a conclusion that you have been discharged by paying legitimate dues to you. Therefore, there is no problem as such.

You should have approached this forum when your harassment was going on. It is too late now. Anyway, paragraph-wise replies to your post are as below:

The harassment complaint is as follows:

Due to some ongoing personnel problems i became too much stressed and used to remain some what mentally disturbed on those days. Some employees of company began to make my videos making my fun. They used to say me PAGAL(insane) openely and loudly. I put a compaint against that in HR. Then they started to comment on my religion. They used to pass open threats that they will beat me outside the company. When I put complaint against them many more employees joined them and began my harassment openly in this way on mass scale. Nearly whole department was involved in this. When i took this to HR, HR forced me to give resignation instead of taking any action on them saying that I am not medically fit and my complaint is not valid.

Reply: - What has happened with you is not just unfortunate but outrageous too. If the whole department started making fun then before making a complain to the HR, did you complaint to the HOD? What was his/her view?

When you reported the matter to the HR, instead of showing empathy, why did HR take the extreme decision of forcing you to resign? If HR started pressuring you to resign then why you did not escalate the matter? Why did you not put an application to the MD of the company?

HR actually said me that THEY WOULD TOOK ME BACK IN COMPANY after medical treatment but for now I have to give resignation. THEY ALSO ASSURED ME THAT I CAN TAKE MY RESIGNATION BACK LATER WITHIN THE NOTICE PERIOD. I refused to resign but they forced me and assured me that they will took me back so i gave resignation.

Reply: - Probably it was well decided by the senior authorities to check you out from the company. Therefore, HR went on to give a false assurance on your reinstatement. In fact, if HR were to tell you to withdraw your resignation then there was no point in accepting them. HR has just hoodwinked you. Anyway, most of the HR just execute what their bosses say therefore, they use these tactics to mislead the employee to attain their goal.

MY company has a portal for resignations where employees can took the resignation back even after some time if taken back with in the notice period.I did also same. I tried to take the resignation back in that portal with in the notice period BUT my company BLOCKED MY COMPANY ACCOUNTS even before my tenure in the company was expired. I put several mails from external mail to them regarding my complaint and this account blocking but they did not reply to them. Ultimately my last working day came and they gave me full n final settlement after some time.

Reply: - This is one more evidence of how you had become persona non grata in your company. They wanted to remove you anyway. They just bought the time to give a semblance of normalcy.

Final Comments: - The above comments are based on listening to your side only. Generally, forums like this are expected to be neutral and we should give our comments after listening to both the sides. Nevertheless, nobody can undo the past and you are no exception. Everyone passes through the rough patch of life. Take this as a rough patch and move on. If you are yet to get a new job then start searching for a new job vigorously. Spend some time introspection and identify where you went wrong. Life is much longer and many successes could be waiting for you. 

All the best!

Dinesh Divekar

From India, Bangalore
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