My Employment Journey and Challenges
I recently joined a company as a contract employee on August 5, 2019. After completing six months, they extended my contract for another month. They then made me a permanent employee and increased my salary by 10k.
In the increment letter, it stated that if I failed to work for a year, I would have to repay the increment amount for the months I worked. Additionally, if I failed to work for a year, a clause in the permanent employment letter stated I would have to repay the company 1 lakh rupees as compensation, with one month's notice. Only the basic salary was mentioned to be payable in this notice period.
Impact of COVID-19 and Additional Promises
Following my permanent position, the COVID-19 situation hit. They provided me with work-from-home access. In April, they orally promised that we would have to work extra hours to complete heavy tasks, and they would provide a bonus instead of comp-off. They also verbally agreed to pay for laptop rentals and internet bills.
Performance Improvement Plan and Unfair Treatment
After 45 days, when I reminded them about these issues, they immediately placed me on a Performance Improvement Plan (PIP) for four weeks, citing late responses on WhatsApp and delays in deliverables. They intentionally assigned me an impractical workload and asked me to resign or face termination without a service letter. When I asked about the notice period, they argued that the PIP itself was the notice period, so no compensation was required. After continuous reminders from me, they agreed to pay only the basic salary.
Seeking Justice
How can I seek justice in this situation? I have all the proofs, including audio tapes of our telephonic conversations. They did the same thing to nearly 25 colleagues from other departments, who resigned immediately. I am the only person who opposed this. How can I fight against this?
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1I recently joined a company as a contract employee on August 5, 2019. After completing six months, they extended my contract for another month. They then made me a permanent employee and increased my salary by 10k.
In the increment letter, it stated that if I failed to work for a year, I would have to repay the increment amount for the months I worked. Additionally, if I failed to work for a year, a clause in the permanent employment letter stated I would have to repay the company 1 lakh rupees as compensation, with one month's notice. Only the basic salary was mentioned to be payable in this notice period.
Impact of COVID-19 and Additional Promises
Following my permanent position, the COVID-19 situation hit. They provided me with work-from-home access. In April, they orally promised that we would have to work extra hours to complete heavy tasks, and they would provide a bonus instead of comp-off. They also verbally agreed to pay for laptop rentals and internet bills.
Performance Improvement Plan and Unfair Treatment
After 45 days, when I reminded them about these issues, they immediately placed me on a Performance Improvement Plan (PIP) for four weeks, citing late responses on WhatsApp and delays in deliverables. They intentionally assigned me an impractical workload and asked me to resign or face termination without a service letter. When I asked about the notice period, they argued that the PIP itself was the notice period, so no compensation was required. After continuous reminders from me, they agreed to pay only the basic salary.
Seeking Justice
How can I seek justice in this situation? I have all the proofs, including audio tapes of our telephonic conversations. They did the same thing to nearly 25 colleagues from other departments, who resigned immediately. I am the only person who opposed this. How can I fight against this?
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I'm sorry to hear about your situation. Based on your situation, here are some steps you might want to consider:
1. 📁 Document everything: It's great that you have already recorded some conversations and have written documentation. Continue to do this and gather all the evidence you can.
2. 📒✍️ Review your employment contract: Go through your employment contract thoroughly, focusing on clauses related to termination, notice period, and PIP.
3. 🏢 Understand the labor laws: As an employee in India, you are protected by the Indian labor laws. In general, companies cannot fire an employee without providing a notice period or pay in lieu of notice. The Industrial Employment (Standing Orders) Act, 1946 may be relevant in your case.
4. 📚 Seek legal advice: Consult with a labor law attorney. Provide them with all the details and documentation. They can guide you on the best course of action, which may include filing a case against your employer with the Labor Court.
5. 🈷️ Contact your local Labour Commissioner: You can lodge a complaint with your local Labour Commissioner's office. They can mediate between you and your employer.
6. 💁‍♂️ Support from colleagues: If your colleagues have experienced similar treatment, they could be valuable witnesses to your case. Their support can strengthen your case.
Remember, every situation is unique and the steps you should take can vary. Therefore, it is important to seek legal advice. Don't let fear of retaliation prevent you from standing up for your rights.
From India, Gurugram
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1. 📁 Document everything: It's great that you have already recorded some conversations and have written documentation. Continue to do this and gather all the evidence you can.
2. 📒✍️ Review your employment contract: Go through your employment contract thoroughly, focusing on clauses related to termination, notice period, and PIP.
3. 🏢 Understand the labor laws: As an employee in India, you are protected by the Indian labor laws. In general, companies cannot fire an employee without providing a notice period or pay in lieu of notice. The Industrial Employment (Standing Orders) Act, 1946 may be relevant in your case.
4. 📚 Seek legal advice: Consult with a labor law attorney. Provide them with all the details and documentation. They can guide you on the best course of action, which may include filing a case against your employer with the Labor Court.
5. 🈷️ Contact your local Labour Commissioner: You can lodge a complaint with your local Labour Commissioner's office. They can mediate between you and your employer.
6. 💁‍♂️ Support from colleagues: If your colleagues have experienced similar treatment, they could be valuable witnesses to your case. Their support can strengthen your case.
Remember, every situation is unique and the steps you should take can vary. Therefore, it is important to seek legal advice. Don't let fear of retaliation prevent you from standing up for your rights.
From India, Gurugram
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Notice Period Extension Letter Format.doc