Urgent Assistance Needed for Employment Dispute
In December 2014, I joined a limited company, a sugar factory in Uttar Pradesh, after receiving a verbal offer from the Unit Head and Department Head following an interview. Both promised to offer me a permanent role in the company. After joining, I inquired many times about my joining formalities and permanent/joining letter, but they always gave excuses like the MD is out of the country or the joining procedure takes a long time in this company. After three months, they informed me that the company is not ready to hire me on a permanent basis but may work on a contract basis. As I didn't have any choice at that time, I had to work on a contract basis. When I asked about my contract copy, they also didn't provide it. I continued to work, and whenever I asked about my contract letter, they replied that it would be received soon.
The above story provides basic information. Now, I come to the point:
In the middle of March 2016, due to an emergency (my 10-month-old son was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application with himself, stating that he would get approval from the Unit Head and send it to the Time Office. Due to the emergency, I left for home. During this leave period, I stayed in contact with my HOD/Reporting Officer, providing updates on the situation. However, when I returned to the office, the Unit Head (newly appointed) called me and instructed me to hand over my duties to my subordinate, dismissed me without mentioning any fault, and did not approve my leaves, saying it would be discussed with my HOD.
Previously, I had taken an advance of Rs.20,000. Before leaving the factory, the Account department asked me to adjust the salary against the advance, which I agreed to as I had worked for 11 days in March and had 9 days of pending compensatory leaves, totaling 21 days' salary, approximately Rs.21,000, considering my CTC was around 3.90 lakhs.
Now, they are sending me a notice of an outstanding balance of approximately Rs.9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, around Rs.11,500. I replied via email requesting to adjust my outstanding after considering my CPL, but they denied. My HOD/Reporting Officer at that time also resigned, to whom I had given my Leave Application. They are now threatening legal action against me. In this situation, what should I do? What actions can I take? I worked there continuously for 16 months, but they did not provide me with any appointment letter/joining formalities or a contract letter and terminated me without notice or mentioning any fault.
Kindly guide me on what steps I should take.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]
In December 2014, I joined a limited company, a sugar factory in Uttar Pradesh, after receiving a verbal offer from the Unit Head and Department Head following an interview. Both promised to offer me a permanent role in the company. After joining, I inquired many times about my joining formalities and permanent/joining letter, but they always gave excuses like the MD is out of the country or the joining procedure takes a long time in this company. After three months, they informed me that the company is not ready to hire me on a permanent basis but may work on a contract basis. As I didn't have any choice at that time, I had to work on a contract basis. When I asked about my contract copy, they also didn't provide it. I continued to work, and whenever I asked about my contract letter, they replied that it would be received soon.
The above story provides basic information. Now, I come to the point:
In the middle of March 2016, due to an emergency (my 10-month-old son was hospitalized), I had to go home. I submitted a Leave Application for 9 days against my Compensatory Leaves (work done on Sundays/Holidays) pending to my reporting officer/Head of the Department. He sanctioned the leaves and kept the application with himself, stating that he would get approval from the Unit Head and send it to the Time Office. Due to the emergency, I left for home. During this leave period, I stayed in contact with my HOD/Reporting Officer, providing updates on the situation. However, when I returned to the office, the Unit Head (newly appointed) called me and instructed me to hand over my duties to my subordinate, dismissed me without mentioning any fault, and did not approve my leaves, saying it would be discussed with my HOD.
Previously, I had taken an advance of Rs.20,000. Before leaving the factory, the Account department asked me to adjust the salary against the advance, which I agreed to as I had worked for 11 days in March and had 9 days of pending compensatory leaves, totaling 21 days' salary, approximately Rs.21,000, considering my CTC was around 3.90 lakhs.
Now, they are sending me a notice of an outstanding balance of approximately Rs.9,800 in my name. They have not sanctioned my CPL, and only 11 days' salary has been prepared, around Rs.11,500. I replied via email requesting to adjust my outstanding after considering my CPL, but they denied. My HOD/Reporting Officer at that time also resigned, to whom I had given my Leave Application. They are now threatening legal action against me. In this situation, what should I do? What actions can I take? I worked there continuously for 16 months, but they did not provide me with any appointment letter/joining formalities or a contract letter and terminated me without notice or mentioning any fault.
Kindly guide me on what steps I should take.
Regards,
Abhishek Bhardwaj
[Phone Number Removed For Privacy Reasons]