Feeling Stuck: How to Handle Unfair Treatment and Lack of Support from Labor Authorities?

Resignation and Notice Period Issues

I resigned when the same happened to me. My director messaged me to be in the office when I had approved personal leave. When I told him that I would not be able to come to the office since I was on personal leave, he threatened me and asked me to be in the office the next day or face consequences. I immediately spoke to my family about the situation and decided to leave the company. I submitted my resignation in March 2018 and served a notice period of 3 months. On August 2, 2018, I requested to be relieved, but there was no response. On August 8, 2018, I reminded them again, but they informed me that they could not relieve me due to ongoing audits (social audits involving document manipulation and presenting forged documents to auditors to secure orders).

Denied Leave and Forced Attendance

On October 10, 2018, I requested a 10-day Diwali Break, but the director only approved 3 days, citing the need to complete bonus and increment procedures. However, these were not completed by my last day, and I was forced to come in for half a day. Feeling disrespected and manipulated, I decided not to return to the company after my leave period and informed the director accordingly.

Settlement and Relieving Letter Issues

The Finance Manager sent me an email requesting me to come to the office on November 15, 2018, to clear the Full & Final Settlement (FNF), which I did. To my surprise, I was not shown my complete settlement and was only handed a cheque, which I refused to accept. The manager mentioned that my relieving letter would be sent via courier. Unfortunately, I had already handed over my original qualification documents out of necessity during my employment. The relieving letter I received stated that I had not completed the notice period.

Attempts to Seek Assistance

Attempts to seek assistance from the local labor office were unsuccessful as the officer did not cooperate. Recent news from the company indicates that vendors are not receiving payments due to high rates, despite past approvals of the same rates by management.

Threats and Concerns

The Finance Manager has been calling me and threatening to harm my future and insult my mother. I am unsure of the steps to take as I have lost trust in the company's integrity, considering their treatment of a previous female employee. Any advice on the matter would be greatly appreciated.

The company is based in Mira Road, and the Regional labor office is in Thane. I held the position of Assistant Manager - HR & Admin from January 2016 to October 2016. I possess all written evidence of communications with the Director and emails regarding my resignations. The company specializes in the export of footwear.

Dear Mr. Umakanthan.M, the problem is not about approaching the Labour Department to obtain the FNF or any other sort of things; it's about violating the laws set by the government. They are making a mockery of the labour laws just to line their pockets. Neither are the workers paid overtime as per the rules, nor are the government leave regulations followed.

Secondly, the approved shift is only for a single shift; however, the operations run 24/7. Workers are paid on a piece rate basis. There is no permanent employment existing in the company. PF and ESIC are all manipulated. The factory license is for 500 employees, including 30 female employees; however, there are more than 100 female employees, and there is no creche or remedial centre available.

Thank you.

Dear anonymous friend, I was under the impression that your post is a verbal conduit explaining the unfair and indecent treatment meted out to you, as a result of which you had to resign, which again was not peaceful and smooth. Now, it strikes me that your major concern is the management's gross violation of the existing labor laws. Having been an Assistant Manager - HR & Admin in that organization for some time, don't you realize that you were also part of that system? Instead of making any attempts on your own, either directly or indirectly, by adopting some appropriate tactics during your tenure, you venture to describe the sordid state of affairs and decry the inaction of the Government Officials only after being victimized. It is discernible from your subsequent post that you have a thorough knowledge of the labor laws applicable to the said establishment, and as such, it is easy for you to pinpoint the violations. What prevents you even now from approaching the Inspectorate of Factories, the EPFO, and the ESIC with such clear-cut complaints?

Dear Mr. Umakanthan, I do agree with your point, but do you think that the official would entertain? I have tried getting in touch with the Factory Inspector, EPFO Enforcement officers, and have also logged a grievance on the Labour online portal. Now, after my involvement, there are employees from the company who are being treated poorly and are also willing to come forward to get their settlements and other matters resolved.

The outcome now depends on whether we would be entertained or not.

Thank you so much for outlining.

The issues narrated are not new, and the appropriate authority may be aware of the facts. Consider taking up issues with the help of union leaders and the local media. Also, exercise caution in the process because it's sensitive and needs utmost care in handling such issues. Having been part of the same company, it is likely that things could bounce back to you at some point. The complete history of the company and a study of records must prove the facts, not just because you say so. It is also likely that some hand-in-glove relationship may exist, which may create problems for you personally.

I suggest being careful.

Dear Friend,

Your case is typical, though such practices are followed in most establishments. Here, though the ID Act may not be applicable to conciliate your proceedings by Government Labour machinery. This is a dispute between an employer and an employee; hence, the Labour Commissioner should intervene to sort out the disputes. Even if otherwise, you can file your complaint before the National Commission under the Human Rights Act. Hopefully, you will get better results and will find peace of mind.