Anonymous
I am the HR Manager of a start-up company located in Mumbai, and someone within the organization has falsified my attendance records with reduced and incomplete working hours just before the day of salary processing for the entire month of January 2024. I worked every Monday to Saturday with 10 to 12 hours on duty daily.

I have reported this matter to the Director, but on the contrary, I was terminated, and my salary and all dues are on hold. The company has 12 CCTV cameras within the workplace and office gate. The director has blocked my mobile number and is not releasing my dues. Please suggest solutions to this subject.

From India, Mumbai
raghunath_bv
149

Hi,

Title: Addressing Unethical Practices in the Workplace: A Guide for Resolving Attendance Record Falsification

As the Human Resources Manager of a burgeoning startup based in Mumbai, maintaining ethical standards and transparency within the organization is paramount. However, when faced with the distressing situation of having one's attendance records falsified, leading to termination and withholding of salary, it becomes imperative to address the issue promptly and effectively.

The scenario presented underscores a breach of trust and integrity within the company, where an individual has manipulated attendance records to reflect reduced and incomplete working hours. This unethical practice not only undermines the credibility of the affected employee but also tarnishes the reputation of the organization as a whole.

Upon discovering the falsification of attendance records, the affected individual, in this case, the HR Manager, took the appropriate step of reporting the matter to the Director. However, the response received, which led to termination and the withholding of salary and dues, raises concerns about the organization's commitment to fair and just practices.

In such a challenging situation, it is essential to explore potential solutions that can help address the issue and seek redress. Here are some steps that can be considered:

Seek Legal Advice: Given the severity of the situation, consulting with a legal professional specializing in employment law can provide valuable insights into the rights and options available to the aggrieved party.

Review CCTV Footage: The presence of CCTV cameras within the workplace and office gate offers an opportunity to review the footage and gather evidence to substantiate the actual working hours put in by the HR Manager. This evidence can be crucial in refuting the falsified records.

Request a Meeting with the Director: Despite the current communication barriers, making a formal request for a meeting with the Director to discuss the situation and present evidence supporting the claim of attendance record falsification can be a proactive step towards resolution.

Engage in Mediation: If direct communication with the Director proves challenging, seeking the intervention of a neutral third party or mediator to facilitate dialogue and negotiation can help in reaching a mutually acceptable resolution.

File a Complaint: In cases where internal attempts to resolve the issue prove futile, exploring external avenues such as filing a formal complaint with relevant labor authorities or regulatory bodies can be considered to seek redress and uphold one's rights.

Document Everything: Throughout the process of addressing the attendance record falsification and subsequent termination, maintaining detailed records of all communications, evidence, and actions taken is crucial for building a strong case and protecting one's interests.

It is essential to approach the situation with a clear focus on seeking justice, upholding ethical standards, and safeguarding one's rights as an employee. By taking proactive steps, seeking appropriate guidance, and advocating for fairness and transparency, the HR Manager can navigate through this challenging situation and work towards a resolution that aligns with principles of integrity and accountability.

In conclusion, addressing unethical practices such as attendance record falsification requires diligence, resilience, and a commitment to upholding ethical standards in the workplace. By leveraging available resources, seeking support, and advocating for fairness, individuals can navigate through such challenging situations with a sense of purpose and determination to seek redress and uphold their rights.

Thanks

From India, Bangalore
Madhu.T.K
4193

You cannot challenge your termination in any labour or industrial dispute redressal machinery since you were employed in a managerial capacity. However, this being an injustice and violation of human right you can file a complaint before the court, approach Human Rights Commission and even seek intervention of the machinery meant to implement law and order, ie, Police. But there is every chance that the employer may blacklist you and it may be difficult for you to get a good career.
From India, Kannur
Agarwal BD
6

Agreed that the termination cannot be challenged but the salary due to the employee should be paid. It seems that you have reported to your Director verbally.
Suggest that you put your contention on mail to the Director requesting for the payment of your dues, wait for a couple of weeks and then send a reminder. If the management does not respond then you could take legal advise.

From India, Kolkata
saswatabanerjee
2383

I think there is some incomplete information here.
You noticed something wrong and then reported it to the management.
Why did they suddenly terminate you?
You must be aware of the real reason. Is there some other things you have not told us about?

From India, Mumbai
umeshshetty13
The company has a practice of making employees work for month and they are terminated / forced to resign their salary is kept on hold.

Company has started 6 months before. In last 3 to 4 months 8 employees have left the company. The reality is they are fired and no payment is done to them.

Company is not adhering to and statutory compliance.

From India, Mumbai
saswatabanerjee
2383

Itís a hindsight note, but when you saw the behaviour, you should have left o your own. You donít need to give notice to a company if they are not paying salary to others.
From India, Mumbai
Madhu.T.K
4193

It is true that there are a lot of micro and small establishments running without caring for compliance required under various labour laws. In many states, as part of ease of doing business, the government has silently instructed the labour law enforcing inspectors not to conduct inspections at factories and establishments. The employers have taken it for granted that they are allowed to run the units without any labour law compliance. If any employee questions it, he will be sent out of the organisation. They use many terms to describe the situation and demand their resignation. The employee, in turn, resigns and leave on the fear that if they resist, the employers will put negative remarks in the background verification. I don't think that there were any such verification some ten years back. Moreover, the manner in which the agencies conducting background verification is terrible that they even collect information from personal accounts like PF and write reports as if they are conducting some criminal investigation.

I think the issue related to background verification seems to be the major issue among the new generation employees. It is testified in CiteHR itself because a majority of queries that come now a days is related to employers' attitude of giving negative remarks in the background verification. Therefore, I don't think that if the thread starter has been asked to go for no reason to show would be a practice not prevailing but it is the fact.

From India, Kannur
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