Anu2020 bangalore
Company name mnc bangalore

Date of joining 26 may 20

Date of termination 23 oct 20

Job accountant CA

Hello Sir

I am a woman. I joined mnc on 26may20. I was only female in 11 males. My manager was the harasser type and was looking for extra attention or was generally incompetent. He spoiled work environment and 2 3 men orally misbehaved with me in meetings. I complained. The manager told me to stop working in mid of august. Again i was told to start work by hr. The manager became psycho and gave me double triple work. He would daily harass insult me endlessly, do fault finding, show done work as not done, will do harassment. I asked hr to change my team. Later I gave an email complaint of manager on 7oct20. I was on medical leave from 14oct to 20oct. On 21stoct, hr and cfo harassed insulted me and told me to resign on the spot. I didnt. On 22nd they blocked my company network access and on 23rd I received a termination email.

After that whole company went incommunicado.

Labour office complaint filed 27.10.20

First hearing 10.11.20 company asked time to respond

Second hearing 20.11.20 company gave file of objections

Third hearing 8.12.20 I gave reply to objection which I had sent on 22.11.20 too. Reconciliation failure mentioned by labour officer and file to go to court.

I gave police complaint on 8.12.20 for oct 23 days salary which I got yesterday morning.

I went through hellish mental agony and torture helplessness.

The company is registered in Delhi and I was based in Bangalore office.

Was the company supposed to give notice?

What severance pay I am eligible for?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Madhu.T.K
Industrial Relations And Labour Laws
Bhartiya Akhil
Freelancer
Yatin Pundhir
Industrial Relation
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Ssushr
Pune

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Dinesh Divekar
7534

Dear Anu2020,
You have explained in sequence what had happened with you. Your query is, "was your company supposed to give you the notice?" To give a reply to this query, we need to know the duration of your probation and above all the terms of separation mentioned in your appointment letter. Without this information, no further comments can be given.
Thanks,
Dinesh Divekar

From India, Bangalore
Anu2020 bangalore
Appointment letter says no notice required during probation.
What is legal stand on this?
I do have all email, messages copies which I submitted to labour department and company.
I also gave complaint to mahila aayog on 25.11.20 but letter for its enquiry is pending as signatory is on tour.
Is below possible?
Clean relieving letter
Severence pay
Salary of 23oct to till date.
Where does law stand on this?
Can one be harassed terminated on giving complaint of manager in large organization?

From India, Bengaluru
shobhit-kumar-mittal
50

Had you also filed a complaint under POSH Act 2013 before the Internal Complaints Committee of the Employer ? If yes, then you have a good case before Labour Court. - S. K. Mittal 9319956443
From India, Faridabad
Nagarkar Vinayak L
616

Dear madam,
It is unfortunate what you have gone through during your working with MNC.
Your sudden and abrupt termination without stating reasons and without giving you reasonable opportunity is, prima facie, illegal.
You have already knocked doors of redressal machinery under the law. I hope , under the guidance of a competent labour consultant , you have made out good case.
Apart from legal machinery, you have approached Mahila Aayog and filed police complaint. Also, file complaint under the POSH Act ( Sexual harassment at work place law), to the internal committee of the company.
All these actions , will keep mounting pressure on the company and will, hopefully and in a course of time lead to amicable settlement.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Bhartiya Akhil
182

Dear colleagues,
A probationary employee can be terminated only through a non-stigmatic order. Our lady friend has to establish and prove that her termination was stigmatic. This can be possible by hiring good lawyer by her.
Our friend can even succeed in it. But my question is, what will be achieved by her by doing all this thing?
I would rather advise our friend to forget and forgive everything. Due salary is also now paid by her employer. Start new journey elsewhere.
Wish her good luck.

From India, Mumbai
yatin Pundhir
35

Dear Anu,
You have filed a complaint under POSH Act 2013 before the Internal Complaints Committee of the Employer ?, if internal committee not your origination you also file a complain to District Officer/Nodal Officer in your district.

From India, New Delhi
Anu2020 bangalore
I incurred unemployment loss and such harassment due to this company hrs, ethics person, cfo, manager. They spoiled my career and put me in trouble. 24.10 to today means 2 months salary which is big amount and plus still I dont know when will I get new job.
I feel bad and plus its monetary loss and doing all this by these company people is gross callousness.
Can I give a criminal complaint against those 5-6people to cause huge mental , financial to myself, even not sparing me during huge medical emergency?
I need my money and clean relieving letter and peace of mind. Can I complain to police that manager, cfo, hrs harassed me on giving complaint and terminated, absconded, even for 23 days salary- I had to go to police station 6 times which I felt so bad about-I would have cried so many times unnecessarily due to this all.
Can I file police complaint?

From India, Bengaluru
Nagarkar Vinayak L
616

Dear Madam,
It appears you are fighting your battle on several fronts. You now wish to open one more by exploring filing police complaint.
We understand the predicament you are in, but suggest handle the situation calmly considering all implications. You also have to have patience as third party interventions take time for results to kick in.
As regards filing police complaint, you need to consult good competent lawyer well versed in sexual harassment matters in your locality and move forward with his advice.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Madhu.T.K
3736

If the letter terminating is silent about reasons for termination, then the order will stand because it is not a stigatic order. At the same time if the order has specified some reasons for termination then it would be a stigmatic order and you should have given an opportunity to prove the charges.

If the appointment order says that "during probation your services shall be terminated without notice and reasons" then you cannot challenge your termination saying that your were not given notice nor was given any opportunity to show cause of termination.

A Chartered Accountant is not a worker and I am afraid why didn't the company challenge it before labour Officer and Labour Court.

Certainly, you could have moved against those employees who have harassed you following the provisions of POSH...Act.

From India, Kannur

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