aartisingh78
My husband was physically assaulted and abused by the Union leader of his organization. Though my husband wrote official emails to the higher management but there was no reply or communication from the management. Union leader has not allowed my husband to enter in office premises for 2 years and his salary was also stopped for these 2 years.
New development - now he has been asked to relocate and report to another office of the same organization.
HR has asked him to write a letter requesting that they should not consider this period of 2 yrs as leave without pay or adjust his leaves for this interim period...
Pls help me in drafting that email.
Thanks in advance

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Gannahope
Deputy Commissioner Of Labour..a.p.
KK!HR
Management Consultancy

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aartisingh78
Made this draft.... Pls advise is this right or help me in modifying

Dear Sir,

I am xyzi, employee code 00000.

I was in <department & designation>at <company name and location>.

Due to Goregaon office has been declared dilapidated by the Bmc Authorities (as per notice issued by Management, dated 22nd October, 2020). The Management has decided to transfer few of its employees including myself to its another office in delhi.

I hereby confirm that I reported at delhi office on <date> and joined the office on same date.

Just to bring to your kind notice, I am that I was abusively and physically assaulted by the Union leader, <name> on 15th November, 2018,where he used abusive language, threatened, physically assaulted me and asked me to leave office. He pressed my neck and abusively humiliated me in front of many colleagues using foul language. I addresses my concern and grievance to the higher management via email dated (copy enclosed). Also I filed FIR (First Information Report) in respect of "Non Cognizable Offence" at Goregaon Mumbai Police Station on date (copy enclosed).

Again on <date> the Union Leader, harassed me for the second time. He again spoke with me in a very rude, loud and in a threatening manner. He have me a life threatening warning that if I again come to office it will be not good for me. I also reported this incident too to the higher management in my email dated(copy enclosed).

Despite of all the threats, I was willing to come to office but he did not allowed me to enter the office premises. I addressed all my concerns and issues to the higher management via emails as enclosed in this letter but there was no appropriate action or communication/reply from them.

This is to bring to your notice that my salary for the last 2 years ie from October 2018 to November 2020 has not been credited to my account as it was stopped by the Union Leader,

I am the only earning hand in my family and I only know how I managed my daily survivals on being without salary for 2 years. For daily household needs and other necessary survivals, I had to sold my house last year.

I have been associated with the company since June 2005. I humbly request you to kindly reconsider my case and not to count my period of 2 years from November 2018 to November 2020 as leave without pay or discontinuation of my services or any type of adjustment in my leaves.

I humbly request you to kindly consider me as a regular employee of the organisation entitle the same financial norms as per my grade.

Looking forward for your cooperation.

Please note the following enclosures:-

Email dated 15th November, 2018

Email dated 26th November, 2018

Copy of my “First Information Report in respect of Non-Cognizable Offence” at Goregaon, Mumbai Police Station dated 16th November, 2018

Speed post receipt of the letter sent by registered post on 27th November, 2018.

From India, Delhi
KK!HR
1365

Is there any point in repeating the story? the management for whatever reason has chosen to side with Union leader, but fortunately for you, it has been possible to resume duty at Delhi. When the management has not terminated the services but has transferred you, the relief sought as not to count the period of 2 years from November 2018 to November 2020 as leave without pay or discontinuation of services or any type of adjustment in leaves is not needed. Transfer means you are considered as a regular employee of the organisation entitled to the same financial norms as per your grade. Hence the above requests seem inappropriate. If you are seeking any financial relief for the forced period of absence you may mention so. The transfer order has to be examined closely to understand the implications.
From India, Mumbai
aartisingh78
thank you KK for reverting.
Yes there is a need as my husband has not received his salary from the last 2 years as it was stopped by Union Leader.
Yesterday husband has a meeting with HR and he told him to write a formal letter mentioning his case and requesting for not considering his absence as leave without pay or adjustments in his leaves. As per the HR person the relocation office is not responsible for the previous dues which is why HR is asking this letter from my husband

From India, Delhi
KK!HR
1365

Based on your inputs, may consider the following draft :-
Dear Sir,
I am xyz, employee code 00000. I was in <department & designation>at <company name and location>.
As the Goregaon office has been declared dilapidated by the BMC authorities (as per notice issued by Management, dated 22nd October, 2020), the Management has decided to transfer few of its employees including myself to its office in Delhi. I hereby confirm that I reported at Delhi office on <date> and assumed my charge on the same date bringing an end to my nightmarish existence for the last two years.
To recapitulate the past events, I was abused, threatened and eventually physically assaulted by the Union leader, <name> for no fault of mine. On 15th November, 2018, he used abusive language, threatened, physically assaulted me and asked me to leave office. He pressed my neck and humiliated me in front of many colleagues using foul language. I had informed the event to the management via email dated (copy enclosed). Also I filed FIR (First Information Report) in respect of "Non Cognizable Offence" at Goregaon Mumbai Police Station on date (copy enclosed).
Again on <date> the Union Leader, harassed me for the second time. He again spoke to me in a very rude, loud and in a threatening manner. He gave me a life threatening warning that if I again come to office it will be not good for me. I also reported this incident too to the higher management in my email dated(copy enclosed). Inspite of all the threats, I was wanting to come to office but he did not allowed me to enter the office premises. I addressed all my concerns and issues to the higher management via emails as enclosed in this letter.
This is to bring to your notice that my salary for the last 2 years ie from October 2018 to November 2020 has not been credited to my account, perhaps at the insistence of the Union Leader.
I am the only earning hand in my family and I only know how I managed our everyday survival, without receiving salary for 2 years. For daily household needs and other basic necessities , I even had to sell off my house last year.
I have been associated with the company since June 2005 and has an unblemished record. I have followed all the instructions given to me.
I humbly request you to kindly reconsider my case and not to count my period of 2 years from November 2018 to November 2020 as leave without pay or discontinuation of my services or any type of adjustment in my leaves. It was forced absence compelled by circumstances beyond my control. I humbly request you to kindly consider me as continuing to be a regular employee of the organisation entitled the same financial package as per my grade and entitlement.
Looking forward for your kind consideration and support.
Please note the following enclosures:-
Email dated 15th November, 2018
Email dated 26th November, 2018
Copy of my “First Information Report in respect of Non-Cognizable Offence” at Goregaon, Mumbai Police Station dated 16th November, 2018
Speed post receipt of the letter sent by registered post on 27th November, 2018.

From India, Mumbai
aartisingh78
Thank you so much KK for your help. this really mean to me a lot
From India, Delhi
gannahope
67

Ya it is quite complex issue... Aa several matters involved Madam.
Firstly.. Any kind of Assault by anyone leads to crime. A criminal case already hadbeen lodged. If not even today you can do it informing all developments.
During all the lapse of 2yrs why didn't you approach legally to labourdrpt or police .. instead of wasting time with sending mails to company..
Usually some companies don't involve in such manhandling issues done by company unions within.. Though it is wrong..
What did you eat all these
long days... How can one believe... Pls
Ultimately treating or not treating this long period does not lie on anyone's wims and fancies. Desciplinary committee works committee company's manual book of desciplinary procedures will decide.
As per labour laws if he is a regular employee leave should be allowed and all such period can be treated as loss of pay as per available leave with pay lessing... Approach nearby labour dept for redressal.
Be patient during procedure.

From India, Nellore

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