Eligibility for Leave Based on Work Days
If any employee has worked for 20 days in a month, he/she is eligible for a leave of 1.5 days. Alternatively, if any employee has worked for 240 days or more in the calendar year, he/she is eligible for a leave of 21 days.
Unfair Leave Practices in Companies
Now, some companies have smart HR departments that try to manipulate the leave systems and harm employee benefits. For example, in my previous company, the leave system allowed only 7 days off in a year, which was completely illegal. The company also forced employees to work on Sundays and required female employees to stay late until 10:00 pm without any additional benefits. The management was very harsh, using abusive language towards female employees and attempting to harass them.
Personal Experience with Unfair Treatment
Personally, I decided to resign when a similar situation occurred to me. My director messaged me to come to the office even though I had approved personal leave. When I explained that I couldn't come in due to my approved leave, he threatened me, insisting that I should be in the office the next day or face consequences. I immediately discussed this with my family and decided to leave the company. I submitted my resignation in March 2018 and served a notice period of 3 months.
Issues with Resignation and Settlement
On August 2, 2018, I requested to be relieved, but there was no response. I followed up on August 8, 2018, only to be informed that they couldn't release me due to pending audits. These audits were social audits where the management asked to manipulate documents and present forged information to auditors to secure orders. On October 10, 2018, I asked for a 10-day Diwali break, but the director approved only 3 days, citing the need to complete bonus and increment processes. However, neither the bonus nor increment was processed by my last day. The director pressured me to come in for half a day, but I felt it was a mockery of the laws and decided not to return after the break. I informed the company director of my decision.
Final Settlement and Harassment
The Finance Manager later emailed me to come in on November 15, 2018, to settle my Full and Final (FNF) dues. During this meeting, I was not shown my full settlement details and was only handed a cheque, which I declined to accept. Subsequently, I was assured that my relieving letter would be sent to me. Surprisingly, the letter stated that I had not completed my notice period. I tried contacting the local labor office, but the officer did not assist me. There have been reports that the company is delaying vendor payments, claiming the rates are too high, even though these rates were previously approved by the management. Additionally, the Finance Manager has been threatening me over the phone, including personal attacks on my family.
Seeking Advice and Next Steps
I am unsure of how to proceed as I can't trust the company, especially considering their treatment of a former female employee. Any advice would be greatly appreciated. The company is located in Mira Road, and the Regional labor office is in Thane. There has been no response from the labor officer in charge of that location. I held the position of Assistant Manager - HR & Admin from January 2016 to October 2016 and have documented all communication with the Director as well as emails related to my resignations.