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Dinesh DivekarDear member,
The information that you have shared is personal. Therefore, please make your post "anonymous".
Your employer had given you a hike. While doing so, it appears that he was under the impression that you would serve a certain period. However, once you submitted your resignation, he feels that he has been let down as he could not recover the excess payment that he has made to you. His grouse is all about money and nothing else!
You have written that you have surrendered your educational certificates with him. When the certificates were handed over, did you make the agreement and if yes, then what were the provisions to return the certificates?
You have written that your employer "says that every law will support the company so he doesn't care even if I go by law against him". This is just hogwash. Don't give much importance to it. Probably, he thinks that in India, the law does not exist. However, this is not so. He can be reminded that in today's Times of India, there is news of BBMP (local municipal corporation) sealing Manyata Tech Park, one of the biggest office complexes of Bangalore. Once the owners of Tech Park, paid the dues that they had owed to BBMP, then it was opened again. Therefore, do not get perturbed because of these threats!
Your case is a little complex. You may have to consult a professional lawyer. You may have to file a police complaint also. Nevertheless, confirm to us your designation and the number of persons reporting to you. This will help us in understanding whether the provisions of the Industrial Disputes Act, 1947 apply to you. If these apply to you, then you can file a complaint in the labour office as well.
From India, Bangalore
AnonymousThank you so much Mr. Dinesh Divekar for your precious time to respond. After lockdown started due to covid in 2020 march, almost every employee left and I among a couple of other folks were left. He hardly provided any work or paid us but I never stopped working for him as I was serving the notice period, I had no option to leave (since It'd be breach of contract) and my interest towards work forced him to give me as much work as possible and I have to say I received my first hike only after 1.9years of joining the company even though he promised hike every January (when I joined). I didn't care about money and I took pleasure in whatever work he threw at me because I needed all these experience to get myself placed in a very good position in a different company (I had my career properly scripted until then). But now when I put up my resignation mail, he turned the tables and I couldn't believe the way he started responding to me regarding this.
As you have asked, this company hardly has any employees and there is officially no one reporting me or I am not involved in any client projects or anything. I can clearly say I don't have any dependencies. After the lockdown when every other employees left, as of today there are only 6 employees (that I know of) including me and among them 3 members only joined very recently via some family reference.
From the day I put my resignation, I am been put up with constant mental pressure especially when he calls me in some group calls and tries to shout at me or says I'm so unprofessional at work and other things. I'm fed up and decided not to serve rest of my notice period too because I'm mentally not fit to even work for a single day.
I constantly approached him to allow me to leave after the notice period I mentioned in my resignation email but he says he cannot approve and I can only leave on the day he mentioned in the response (which is after 6 months). My only worry is that he holds my original educational certificates and then my experience and relieving. If I can get back my original certificates atleast I will work hard to find a new job who will accept my expertise over the proofs of employment.
From the way he talks I was really worried to take any action although every day working for him seems nightmare to me. I just want to know what is the ultimate worst case of quitting like right now from today? If it is only that I might have to pay him for the rest of the notice period, I am ready for that I just want to come put of this toxic work environment.
Deeply appreciating any help. Thank you.
KK!HRIt appears that the boss wants to smoke you out, i.e., make the conditions so difficult that you voluntarily abscond, so that he has a reason to harass you further. It is insulting and intimidating to work in such an environment. Probably your boss also feels that there is no future at this work place, so he is trying to play mental games. All his talks about manipulating the legal system to suit him are empty threats, and is only to dissuade you from resorting to it.
The contention that since you didn't reject the wage hike given last year, so you have renewed the contract of appointment impliedly is without any legal force. Such presumptions would not lie automatically unless there are clear provision for it. Having worked some part of the notice period, how much time of notice period is left?. As reported by you, the situation is becoming unbearable day by day, probably you could consider 'giving him back', that would mean replying to him in the same tone and tenor, give him a scare. Once he finds that you will not succumb to his threats, perhaps some sense will prevail in him, at any rate don't allow the self humiliating situation to prevail. You may start recording the meetings and collect evidence on the inimical attitude of the boss, this would be helpful in future. If required be prepared to take up the matter with the labour authorities, so do the required home work like collecting the office location and prepare the documentation. May try to visit the office, if time permits.
From India, Mumbai
Anonymous@KK!HR I'm done with 3 weeks of my notice period already and at the same time client projects all came to and end. No dependencies for me he could claim about too. I'd have easily continued the rest of my notice period without problems but the kind of pressure due to the isolation and insult in my workplace is hurting my head badly. I'm not able to concentrate whatever asked to work on therefore which I don't see any meaning in continuing the notice period as well. I feel like I'm done. So I wanted to acquire some knowledge from experienced people here before going on with further steps which might get more ugly as far as his earlier responses towards my resignation is considered. Few things like can he make up some unfit cases towards me just to put me in more trouble or make my life difficult etc.,
saswatabanerjeeIf this was not a serious matter for you, I would be laughing at it as a joke.
First, you are free to leave your employment at any time and no bond or contract has a validity except where the company has spent a certain amount for training you (Format training, not on job training or that given by your own superiors in the company) and the bond / work contract is to recover the cost of training.
Second, there is no implied contract. And all such contracts are invalid under Sec 27 of Indian Contract Acts. There are enough court decisions on it, one was shared in a post earlier by Dinesh-ji.
Third, all laws will support you and none will support the company.
The only major problem is that you have given him your educational certificates. That is something you should never do. Anyway, if you know he will not give it back, you may as well walk off now. But before you go, document the harassment he has meted out. Specially if he has put anything on sms, WhatsApp or email, make sure you have copies.
if you use Digi-Locker of Govt of India, you can get authentic digital copies of your educational certificates. Now most universities have their own system of getting duplicates through online application (but you need to check with your own university), Most employers wouldn't bother with originals if you have Digi-locker.
You can then also file a police complaint (FIR) against your employer for holding back your certificates. One call by the police would generally have him on his knees. If you have any contacts in the police, that would help. Else go to the nearest political party office you trust and tell them how you are harassed. Most of them have cells to help you out.
If you can avoid these, its better. Just get duplicate certificates and go ahead to your next job
From India, Mumbai