Hello all, One of my friend's managers shouted at her very badly. She tried all the ways to answer him politely. It's been more than half an hour, and still, he didn't stop despite raising his voice volume. She said she wanted to quit the job and leave the place since then. She has not attended her duties. This happened last Wednesday because of silly mistakes. She doesn't want to serve a notice period and came to me for suggestions as an HR to know what is suggested. I, too, don't have any idea. Please suggest how she can get her relieving letter and salary for the month she worked. Regards, Vasavi
From India, Bangalore
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3From India, Bangalore
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Please respond to this. I wanted to add a few more points here. It's a small startup company, and he is also the CEO. Everyone has a three-month notice period. My friend is saying that if she serves a three-month notice, she is not ready to take any pressure from him, as it feels like losing self-respect, and she doesn't want to do it.
Friends, please help her with your valuable suggestions.
From India, Bangalore
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Friends, please help her with your valuable suggestions.
From India, Bangalore
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Dear Vasavi Vasu,
Unfortunately, one of your company's employees became a victim of the toxic atmosphere at the workplace. The startup CEOs have acquired notoriety for their toxicity and whimsicalness. Nowadays, talented employees are refraining from joining startups.
Anyway, coming to your question. Yes, the woman employee is eligible to receive her salary until her last working day. As per the appointment letter, the employee is required to serve the notice period. If the CEO resists paying her salary for not maintaining the sanctity of the terms of the appointment letter, then he can be reminded that there was no term in the appointment letter that authorized him to shout at the employee continuously for half an hour. Adhering to the terms and conditions of the appointment letter has to be done by both sides, and either party cannot remember or forget it at will.
Thanks,
Dinesh Divekar
From India, Bangalore
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Unfortunately, one of your company's employees became a victim of the toxic atmosphere at the workplace. The startup CEOs have acquired notoriety for their toxicity and whimsicalness. Nowadays, talented employees are refraining from joining startups.
Anyway, coming to your question. Yes, the woman employee is eligible to receive her salary until her last working day. As per the appointment letter, the employee is required to serve the notice period. If the CEO resists paying her salary for not maintaining the sanctity of the terms of the appointment letter, then he can be reminded that there was no term in the appointment letter that authorized him to shout at the employee continuously for half an hour. Adhering to the terms and conditions of the appointment letter has to be done by both sides, and either party cannot remember or forget it at will.
Thanks,
Dinesh Divekar
From India, Bangalore
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As human beings, everyone seeks pride and dignity, not discrimination. Please allow her to comment on what exactly happened. If there are any POSH-related issues, she has every right to raise her voice.
From India, Bengaluru
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From India, Bengaluru
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It's not possible to deny salary for the days she was on duty. If she is prepared to resign, she is entitled to do so. However, the catch is the notice period. My suggestion is to talk to the CEO and get her relieved without any issues. Consider this possibility: what if she lodges a complaint of harassment against the CEO for lowering her dignity and causing mental stress due to his misbehavior in the workplace? Better sense should prevail.
From India, Bangalore
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From India, Bangalore
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Mr. Kumar,
Under which act can she successfully file a complaint of harassment for lowering dignity or causing mental stress? This is a startup, and he is the owner/promoter. That does not amount to sexual harassment, so the POSH Act does not apply.
If you know of any other act under which she can seek relief, please let me know.
From India, Mumbai
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Under which act can she successfully file a complaint of harassment for lowering dignity or causing mental stress? This is a startup, and he is the owner/promoter. That does not amount to sexual harassment, so the POSH Act does not apply.
If you know of any other act under which she can seek relief, please let me know.
From India, Mumbai
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Dear Mr. Saswat,
I'm not suggesting anything. I only pointed out such possibilities. My fear is that we don't know what transpired between them, what happened, what kind of words were used, and whether there were eyewitnesses or not. If only these two were there, anything could have happened; we never know, and one cannot rule out the possibility of developments following the incident taking unimaginable proportions. I wish only to restrict myself to this for obvious reasons. I have seen a few scenes of such nature taking unimaginable proportions. Please see what I stated in my post.
Think of this possibility - what if she lodges a complaint of harassment against the CEO for lowering her dignity and causing mental stress due to his misbehavior in the workplace? Better sense should prevail.
It did not mention 'sexual,' etc. I only wish to drive home my point on what attitude one should display while interacting with a lady employee.
From India, Bangalore
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I'm not suggesting anything. I only pointed out such possibilities. My fear is that we don't know what transpired between them, what happened, what kind of words were used, and whether there were eyewitnesses or not. If only these two were there, anything could have happened; we never know, and one cannot rule out the possibility of developments following the incident taking unimaginable proportions. I wish only to restrict myself to this for obvious reasons. I have seen a few scenes of such nature taking unimaginable proportions. Please see what I stated in my post.
Think of this possibility - what if she lodges a complaint of harassment against the CEO for lowering her dignity and causing mental stress due to his misbehavior in the workplace? Better sense should prevail.
It did not mention 'sexual,' etc. I only wish to drive home my point on what attitude one should display while interacting with a lady employee.
From India, Bangalore
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Mr. Kumar,
I now understand your point. However, the original post was from an external HR person (apparently not connected with the company) seeking input on how the employee can leave without notice but still receive her salary. Legally, the company can refuse to pay the salary, citing a set-off against the notice pay.
Your advice would be reasonable if he were the HR of the company attempting to avert a problem. In this case, he appears to be an external individual (based on the post). He could address the issue as a mediator, provided the company and the CEO are open to mediation. Otherwise, there seems to be very little legal recourse available.
Thank you.
From India, Mumbai
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I now understand your point. However, the original post was from an external HR person (apparently not connected with the company) seeking input on how the employee can leave without notice but still receive her salary. Legally, the company can refuse to pay the salary, citing a set-off against the notice pay.
Your advice would be reasonable if he were the HR of the company attempting to avert a problem. In this case, he appears to be an external individual (based on the post). He could address the issue as a mediator, provided the company and the CEO are open to mediation. Otherwise, there seems to be very little legal recourse available.
Thank you.
From India, Mumbai
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In these circumstances, you need to follow the terms and conditions laid out in an appointment letter. The employer can allow resignation without notice upon payment of the notice amount from the employee if his/her absence can be easily managed.
From India, Mumbai
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From India, Mumbai
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Thank you so much for all the suggestions from experts. I also told her not to expect a salary. All she needs is a relieving letter. She resigned on the same day, and no acknowledgment was given by the company. It's been a week now. Here is the next step she should take.
Regards, Vasavi
From India, Bangalore
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Regards, Vasavi
From India, Bangalore
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Dear Vasavi,
You are incorrect to assume that she should not expect a salary because she is legally entitled to claim payment for the period worked. One necessary step is to have her sign documents indicating that the full and final account has been settled before issuing the relieving letter.
From India, Mumbai
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You are incorrect to assume that she should not expect a salary because she is legally entitled to claim payment for the period worked. One necessary step is to have her sign documents indicating that the full and final account has been settled before issuing the relieving letter.
From India, Mumbai
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Yes, we have no information on how long she has served the establishment and what she's entitled to. FnF Issues
FnF is yet another issue the management has to address to satisfy legal requirements. Noncompliance may lead to claims being brought to the attention of competent authorities, including salary issues.
From India, Bangalore
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FnF is yet another issue the management has to address to satisfy legal requirements. Noncompliance may lead to claims being brought to the attention of competent authorities, including salary issues.
From India, Bangalore
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Playing the devil's advocate here...
The management can always deny her salary and F&F (other than gratuity if applicable) by saying they are deducting it from her notice pay due to the company. In addition, they can take legal action for not serving the notice period by asking her to pay 3 months' salary to the company.
Mr. Vasavi, I think the best thing is if you have anyone who can be a mediator and help her get a relieving letter. If you have any common connections or other senior partners in the firm, take their help. But please remember that it will always reflect negatively in BVG in the future if she has upset the CEO/Promoter.
From India, Mumbai
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The management can always deny her salary and F&F (other than gratuity if applicable) by saying they are deducting it from her notice pay due to the company. In addition, they can take legal action for not serving the notice period by asking her to pay 3 months' salary to the company.
Mr. Vasavi, I think the best thing is if you have anyone who can be a mediator and help her get a relieving letter. If you have any common connections or other senior partners in the firm, take their help. But please remember that it will always reflect negatively in BVG in the future if she has upset the CEO/Promoter.
From India, Mumbai
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