I was an employee of M/s XXX India Pvt Limited, Employee ID AAAA. I wish to bring to your kind notice that I had a Paralytic Brain stroke on November 9, 2011, while I was working in the office. I was admitted to Apollo Hospital, Jubilee Hills, Hyderabad by my colleagues.
I was advised to take leave for 3 months by the concerned doctor and I was under treatment. I was on sick leave during the months of November, December, and January. After that, I was asked to resume my duties by my First Line Manager (FLM) Mr. YYYY.
I started working from home on February 1, 2012. During March, April, and May 2012, I was reporting to the XXX Office every Monday and working from home for the rest of the weekdays.
During this period, my First Line Manager started pressurizing me to report to the office every day. I had taken permission from the Second Line Manager (SLM) ZZZZ to report to the office for two days a week, every Monday and Thursday, for the months of June and July 2012 because these were the days with more workload compared to the rest of the week.
I was not completely recovered, meaning I was only able to work with my left hand. Medical certificates were submitted to the HR Partner from time to time.
For August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or be placed under a PIP Plan. Despite this, I continued working as I was still under medical treatment and physiotherapy and needed the income.
In mid-August, my FLM arranged a meeting with the HR Partner Ms. DDDD, where they asked me to resign. I sent an email requesting the message in writing, to which she replied asking for my medical report and the expected time frame for complete recovery. I complied and submitted the requested medical report.
On August 31, 2012, my FLM took my Laptop and Locker key, telling me to wait for half an hour. Later, he asked me to come to the office on September 3, 2012, for a discussion.
Upon reporting to the office on September 3, 2012, I was informed that I was still under probation and my Full and Final settlement would be sent to my residence by post.
To date, I have not received any communication from XXX. On October 30, 2012, I received a letter dated October 25, 2012, from XXX Bangalore office stating I was on unauthorized absence and had to report within 5 days. I reported on October 31, 2012, but was terminated without proper consideration or review of my explanation.
I believe I was forced to resign by the management through withholding pay for six months and taking my laptop & ID card. I seek justice, compensation, and an alternative job within XXX where I am comfortable.
While with IBM India Pvt Ltd as a "Reports Specialist" in Hyderabad, I had a brain stroke on the premises. Instead of support, the management coerced my resignation by withholding pay for six months and taking my laptop & ID card. How can I proceed to seek compensation and reinstatement? I am still undergoing treatment, and the right side of my body is affected by paralysis due to the stroke.
From India, Hyderabad
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I was advised to take leave for 3 months by the concerned doctor and I was under treatment. I was on sick leave during the months of November, December, and January. After that, I was asked to resume my duties by my First Line Manager (FLM) Mr. YYYY.
I started working from home on February 1, 2012. During March, April, and May 2012, I was reporting to the XXX Office every Monday and working from home for the rest of the weekdays.
During this period, my First Line Manager started pressurizing me to report to the office every day. I had taken permission from the Second Line Manager (SLM) ZZZZ to report to the office for two days a week, every Monday and Thursday, for the months of June and July 2012 because these were the days with more workload compared to the rest of the week.
I was not completely recovered, meaning I was only able to work with my left hand. Medical certificates were submitted to the HR Partner from time to time.
For August 2012, my First Line Manager asked me to go on Loss Of Pay (LOP) or be placed under a PIP Plan. Despite this, I continued working as I was still under medical treatment and physiotherapy and needed the income.
In mid-August, my FLM arranged a meeting with the HR Partner Ms. DDDD, where they asked me to resign. I sent an email requesting the message in writing, to which she replied asking for my medical report and the expected time frame for complete recovery. I complied and submitted the requested medical report.
On August 31, 2012, my FLM took my Laptop and Locker key, telling me to wait for half an hour. Later, he asked me to come to the office on September 3, 2012, for a discussion.
Upon reporting to the office on September 3, 2012, I was informed that I was still under probation and my Full and Final settlement would be sent to my residence by post.
To date, I have not received any communication from XXX. On October 30, 2012, I received a letter dated October 25, 2012, from XXX Bangalore office stating I was on unauthorized absence and had to report within 5 days. I reported on October 31, 2012, but was terminated without proper consideration or review of my explanation.
I believe I was forced to resign by the management through withholding pay for six months and taking my laptop & ID card. I seek justice, compensation, and an alternative job within XXX where I am comfortable.
While with IBM India Pvt Ltd as a "Reports Specialist" in Hyderabad, I had a brain stroke on the premises. Instead of support, the management coerced my resignation by withholding pay for six months and taking my laptop & ID card. How can I proceed to seek compensation and reinstatement? I am still undergoing treatment, and the right side of my body is affected by paralysis due to the stroke.
From India, Hyderabad
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Dear Damodar,
Based on your post, it appears that the incident occurred last year. However, why have you not approached any lawyer thus far? What have you been doing for the past 14 months?
When you handed over your laptop and ID card, did you receive a receipt for them?
Nevertheless, even now, you can contact the labor office in your area and explain your situation to the labor officer. If you are dissatisfied with the labor officer's decision, you can then seek legal advice and file a lawsuit.
During your termination, the company did not issue any show cause notice to you or conduct a domestic inquiry. Therefore, your case seems to be strong.
Other knowledgeable members may provide their opinions.
Also, do not be intimidated by the brand name or size of the company you were employed by. That company has received a notice for tax evasion amounting to Rs 5,357 Crore. Even if it is proven that they are only liable for 10% of this sum, it indicates their lack of compliance with tax laws and labor laws.
Thank you,
Dinesh V Divekar
From India, Bangalore
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8034Based on your post, it appears that the incident occurred last year. However, why have you not approached any lawyer thus far? What have you been doing for the past 14 months?
When you handed over your laptop and ID card, did you receive a receipt for them?
Nevertheless, even now, you can contact the labor office in your area and explain your situation to the labor officer. If you are dissatisfied with the labor officer's decision, you can then seek legal advice and file a lawsuit.
During your termination, the company did not issue any show cause notice to you or conduct a domestic inquiry. Therefore, your case seems to be strong.
Other knowledgeable members may provide their opinions.
Also, do not be intimidated by the brand name or size of the company you were employed by. That company has received a notice for tax evasion amounting to Rs 5,357 Crore. Even if it is proven that they are only liable for 10% of this sum, it indicates their lack of compliance with tax laws and labor laws.
Thank you,
Dinesh V Divekar
From India, Bangalore
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Greetings,
We have to edit your name and the employer's details to ensure your privacy. Furthermore, your post is being shifted to the Legal forum for you to find answers from our experts.
Wishing you all the best.
From India, Mumbai
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We have to edit your name and the employer's details to ensure your privacy. Furthermore, your post is being shifted to the Legal forum for you to find answers from our experts.
Wishing you all the best.
From India, Mumbai
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Dear (Cite Contribution),
While your action or decision to delete the company's name could be consistent with the moderation policies of this forum, you might not have deleted the company's name.
The very purpose of social media is to empower the ordinary person. Voiceless, faceless persons of the yesteryears have found their voices now. If some company has not followed the principles of natural justice while terminating an employee, then why sweep their actions under the citehr's carpet?
In the erstwhile era, big leaders or companies evoked awe and fear. They were always on a supposedly lofty pedestal. Times have changed now. "Caesar's wife is no longer above suspicion." If IIT students can question directly the Vice President of India's biggest political party on what he has to show on his CV other than politics in his DNA, then why should some members not be given the chance to bring to the fore what has happened with them at the time of separation from the company?
Hope Citehr.com rethinks to open up now.
Thanks,
Dinesh V Divekar
From India, Bangalore
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While your action or decision to delete the company's name could be consistent with the moderation policies of this forum, you might not have deleted the company's name.
The very purpose of social media is to empower the ordinary person. Voiceless, faceless persons of the yesteryears have found their voices now. If some company has not followed the principles of natural justice while terminating an employee, then why sweep their actions under the citehr's carpet?
In the erstwhile era, big leaders or companies evoked awe and fear. They were always on a supposedly lofty pedestal. Times have changed now. "Caesar's wife is no longer above suspicion." If IIT students can question directly the Vice President of India's biggest political party on what he has to show on his CV other than politics in his DNA, then why should some members not be given the chance to bring to the fore what has happened with them at the time of separation from the company?
Hope Citehr.com rethinks to open up now.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Hi Dinesh,
When we started CiteHR, our goal was to create a knowledge space that would be useful to a lot of people. To achieve this, we had to set up some rules - rules that would allow us to grow without being distracted.
Allowing company/individual names opens the door to a world of abuse, and we particularly do not want to allow that abuse of individuals or companies without evidence. The fact that we do not have the resources to corroborate any claims made by the user made us put in such stringent laws.
You are right, and I agree that such companies should be taken to task. CiteHR and our learned members like you can show the sufferer the direction that needs to be followed, provide resources and information to the member to take it to its right outcome. The core goal of CiteHR has always been to support people with information and knowledge that can only be gained from experience. The same information will be used by many in the years to come. At that point, the company name or the individual's name is merely a distraction and can often distract any advice given on the discussion.
Regards,
Sid
From India, Gurgaon
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When we started CiteHR, our goal was to create a knowledge space that would be useful to a lot of people. To achieve this, we had to set up some rules - rules that would allow us to grow without being distracted.
Allowing company/individual names opens the door to a world of abuse, and we particularly do not want to allow that abuse of individuals or companies without evidence. The fact that we do not have the resources to corroborate any claims made by the user made us put in such stringent laws.
You are right, and I agree that such companies should be taken to task. CiteHR and our learned members like you can show the sufferer the direction that needs to be followed, provide resources and information to the member to take it to its right outcome. The core goal of CiteHR has always been to support people with information and knowledge that can only be gained from experience. The same information will be used by many in the years to come. At that point, the company name or the individual's name is merely a distraction and can often distract any advice given on the discussion.
Regards,
Sid
From India, Gurgaon
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Hello Dinesh V Divekar,
Back today in this Forum after quite some time now - after a layoff... sort of.
Even though you have a very valid point, Sid is right.
Suggestions given in good faith by the members to queries by those facing situations that need solutions CAN ALWAYS be misused - just like any rule/law. Whatever can be 'used' CAN ALSO be 'abused' - it just depends on the individual accessing such info. And being a public forum, the 'who' is NOT in anyone's control.
And as you would be aware, many times members post half-inputs & members end up giving suggestions - making presumptions leaning towards the positive end, when after all the situation was at the other end of the pendulum.
This is NOT to suggest in any way that Roshan has faked the situation - DEFINITELY NOT.
Looking at such situations FROM ANOTHER ANGLE, most members who post such queries are LOOKING FOR A SOLUTION... NOT to hit back at the Company - irrespective of size [NOT that there aren't posts who want TO HIT BACK, in true filmy style, forgetting that they have a problem at hand that needs to be resolved - THEIR problem - which ought to have been more important].
Let's face it - it's human nature/psychology that when details like the Company name, Boss's name, etc. are mentioned, the attention is diverted towards the 'who', rather than the 'what' and 'why' of the situation, which then leads as a natural consequence to further thoughts/discussions/comments continuously focused on just the 'WHO'. IS THAT WHAT IS THE FOCUS? I guess not.
Coming to Roshan's situation, I think it's better for the Legal Eagles in this Forum to respond... since I don't see any other mid-way at this stage. However, I may add that such corporate behavior is NOT related to the size or stature of the Company. I have seen it happen with well-known ones as well as small outfits - one as recently as a week ago. It depends more on the Corporate Ethics of the organization than anything else.
@ Moderators
Suggest routing this posting to the Legal members - so that Roshan can decide his response mechanism at the earliest.
Regards,
TS
From India, Hyderabad
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Back today in this Forum after quite some time now - after a layoff... sort of.
Even though you have a very valid point, Sid is right.
Suggestions given in good faith by the members to queries by those facing situations that need solutions CAN ALWAYS be misused - just like any rule/law. Whatever can be 'used' CAN ALSO be 'abused' - it just depends on the individual accessing such info. And being a public forum, the 'who' is NOT in anyone's control.
And as you would be aware, many times members post half-inputs & members end up giving suggestions - making presumptions leaning towards the positive end, when after all the situation was at the other end of the pendulum.
This is NOT to suggest in any way that Roshan has faked the situation - DEFINITELY NOT.
Looking at such situations FROM ANOTHER ANGLE, most members who post such queries are LOOKING FOR A SOLUTION... NOT to hit back at the Company - irrespective of size [NOT that there aren't posts who want TO HIT BACK, in true filmy style, forgetting that they have a problem at hand that needs to be resolved - THEIR problem - which ought to have been more important].
Let's face it - it's human nature/psychology that when details like the Company name, Boss's name, etc. are mentioned, the attention is diverted towards the 'who', rather than the 'what' and 'why' of the situation, which then leads as a natural consequence to further thoughts/discussions/comments continuously focused on just the 'WHO'. IS THAT WHAT IS THE FOCUS? I guess not.
Coming to Roshan's situation, I think it's better for the Legal Eagles in this Forum to respond... since I don't see any other mid-way at this stage. However, I may add that such corporate behavior is NOT related to the size or stature of the Company. I have seen it happen with well-known ones as well as small outfits - one as recently as a week ago. It depends more on the Corporate Ethics of the organization than anything else.
@ Moderators
Suggest routing this posting to the Legal members - so that Roshan can decide his response mechanism at the earliest.
Regards,
TS
From India, Hyderabad
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Hello Mr Roshan and Greetings to all
After going through the details provided by you and the responses by the respective seniors, first I'd like to start and refer the same question asked by Mr. Dinesh above.
1) Why you did not approach any lawyer if you really wanted to fight with them for your rights and have not taken the right steps at the right time.
2) Please clear whether you were terminated or resigned by yourself?
(Resignation is resignation whether by choice or influencing /forced by anyone anyhow)
They asked you to resign from your position else will be terminated and on August 31, 2012 you had to surrender your official assets, ID cards and locker keys and later on October 25, 2012 you got a letter by your employer that you were terminated but at the end of closing of your query, you said that you were forced to RESIGN, creating a conflict in your query which needs to be clear. There is a big difference between resignation and termination. And if you were terminated you must have provided a termination letter with a valid reason by them but if resigned, you must have an acceptance of it, now say what you have with you today.
3) You were asked to report daily by FLM but you obtained permission to report to your office twice in a week from SLM, so who was your direct reporting (Authorisation) manager from both of them.
4) Did you get any written authorization/permission /request by your employer (FLM/SLM/HRM) for the following?
i) to report your office by SLM for twice in a week against the order of your FLM
ii) any email communication/ letter/memo of asking medical fitness certificate, advice note, other bills and details by your employer
iii) any letter/email approval of your leave on LOP or permission letter/confirmation against your request (if you requested) for the same
iv) for work from home
5) Did you get the medical fitness certificate by your Doctor and submitted to your employer with your request to work at home or before resuming your duties?
6) Do you know anything relating to leave policy in an organization and applicability in your case?
7) Your employer allowed you to work at home and I believe they allowed you by seeing your medical and financial situation on your request, though, you were not fully recovered and was not able to work but still was working and also with only one hand, so, don’t you think your employer be appreciated by you for allowing you to work by home and get financial help. And you must have not taken the health risk against your medical situation at the time.
"If you're healthy, you're capable of doing everything but if not, your first duty/work is to keep your body in good health” I understand the medical and financial situation during this period bother a lot but to take this kind of risk may have caused one more badly.
“Man sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. Then he is so anxious about the future that he doesn't enjoy the present: the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived.”- Dalai Lama
8) You are also requested to share the details of the clause for "Probation and Notice Period" in your appointment letter provided by your employer.
If your appointment letter says that you were on probation which was not confirmed till the date of your last working day (during the period you were medically not fit or under treatment) and was not able to work as per their expectation and they deserve the right to relieve your services, you can be relieved with a notice period and by compensating for the same.
About legal help that you can seek in this regard, I believe you must have relevant details, proof and documents that can support your case and make you strong because there are many things which are also in their favor, therefore, I request you to answer the above posted questions and share more details which will enable us to provide you more appropriate reply and solutions of your problem.
From India, Gurgaon
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After going through the details provided by you and the responses by the respective seniors, first I'd like to start and refer the same question asked by Mr. Dinesh above.
1) Why you did not approach any lawyer if you really wanted to fight with them for your rights and have not taken the right steps at the right time.
2) Please clear whether you were terminated or resigned by yourself?
(Resignation is resignation whether by choice or influencing /forced by anyone anyhow)
They asked you to resign from your position else will be terminated and on August 31, 2012 you had to surrender your official assets, ID cards and locker keys and later on October 25, 2012 you got a letter by your employer that you were terminated but at the end of closing of your query, you said that you were forced to RESIGN, creating a conflict in your query which needs to be clear. There is a big difference between resignation and termination. And if you were terminated you must have provided a termination letter with a valid reason by them but if resigned, you must have an acceptance of it, now say what you have with you today.
3) You were asked to report daily by FLM but you obtained permission to report to your office twice in a week from SLM, so who was your direct reporting (Authorisation) manager from both of them.
4) Did you get any written authorization/permission /request by your employer (FLM/SLM/HRM) for the following?
i) to report your office by SLM for twice in a week against the order of your FLM
ii) any email communication/ letter/memo of asking medical fitness certificate, advice note, other bills and details by your employer
iii) any letter/email approval of your leave on LOP or permission letter/confirmation against your request (if you requested) for the same
iv) for work from home
5) Did you get the medical fitness certificate by your Doctor and submitted to your employer with your request to work at home or before resuming your duties?
6) Do you know anything relating to leave policy in an organization and applicability in your case?
7) Your employer allowed you to work at home and I believe they allowed you by seeing your medical and financial situation on your request, though, you were not fully recovered and was not able to work but still was working and also with only one hand, so, don’t you think your employer be appreciated by you for allowing you to work by home and get financial help. And you must have not taken the health risk against your medical situation at the time.
"If you're healthy, you're capable of doing everything but if not, your first duty/work is to keep your body in good health” I understand the medical and financial situation during this period bother a lot but to take this kind of risk may have caused one more badly.
“Man sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. Then he is so anxious about the future that he doesn't enjoy the present: the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived.”- Dalai Lama
8) You are also requested to share the details of the clause for "Probation and Notice Period" in your appointment letter provided by your employer.
If your appointment letter says that you were on probation which was not confirmed till the date of your last working day (during the period you were medically not fit or under treatment) and was not able to work as per their expectation and they deserve the right to relieve your services, you can be relieved with a notice period and by compensating for the same.
About legal help that you can seek in this regard, I believe you must have relevant details, proof and documents that can support your case and make you strong because there are many things which are also in their favor, therefore, I request you to answer the above posted questions and share more details which will enable us to provide you more appropriate reply and solutions of your problem.
From India, Gurgaon
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Dear Roshan,
How is your health now? Hope you might have recovered fully. Have you got your final settlement and the salary for the period for which you have worked from home?
Further, let us know what is your reply to the questions which are asked by Mr. Anil Ariora and Mr. Dinesh. What is your length of service in that organization.
Have you approached any lawyer? If so, what was his action in this regard?
Hope your salary band is above Rs. 18,000/- per month. So you can file a civil suit against your company to challenge your termination. (This advice is given because we think you have the proof of (a) Offer of Employment, (b) Appointment Letter on Probation, (c) Confirmation letter, (d) Company asset handing/taking over letter and surrendering letter, (e) Increment letter, (f) Your Hospitalization period records and sick leave advice by Medical authorities i.e., Discharge Summary and Fitness Certificate, and any other relevant documents, i.e., the correspondence taken place between you and your managers/HR Department).
If the question asked for the delay in filing the suit, keep the reasonable and believable reply also ready with you.
Please give the reply to those questions raised by our members, so that you will get a suitable reply.
From India, Kumbakonam
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How is your health now? Hope you might have recovered fully. Have you got your final settlement and the salary for the period for which you have worked from home?
Further, let us know what is your reply to the questions which are asked by Mr. Anil Ariora and Mr. Dinesh. What is your length of service in that organization.
Have you approached any lawyer? If so, what was his action in this regard?
Hope your salary band is above Rs. 18,000/- per month. So you can file a civil suit against your company to challenge your termination. (This advice is given because we think you have the proof of (a) Offer of Employment, (b) Appointment Letter on Probation, (c) Confirmation letter, (d) Company asset handing/taking over letter and surrendering letter, (e) Increment letter, (f) Your Hospitalization period records and sick leave advice by Medical authorities i.e., Discharge Summary and Fitness Certificate, and any other relevant documents, i.e., the correspondence taken place between you and your managers/HR Department).
If the question asked for the delay in filing the suit, keep the reasonable and believable reply also ready with you.
Please give the reply to those questions raised by our members, so that you will get a suitable reply.
From India, Kumbakonam
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It's a very unfortunate incident, rather an accident, that resulted in so much physical and mental trauma during and after, as well as loss of earnings by the concerned employee of a reputed company.
It is surprising and sad to note that despite this being an injury caused during the course of employment, the employee was not extended any benefits under the Act.
Moreover, allowing the employee to fully recover and then letting him rejoin; thus gaining an opportunity to display its concern for people and thereby benefiting from high employee morale and engagement, the employer chose to coerce him into resigning, so that he loses his right to make any claims subsequently.
The HR practices of the company clearly indicate the gap between what they practice and what they showcase to the world.
It would be ideal if the ex-employee files a civil suit against such employers for relief and compensation for the harsh treatment meted out to him and loss of earnings during the period subsequent to his injury/accident.
Warm regards.
From India, Delhi
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It is surprising and sad to note that despite this being an injury caused during the course of employment, the employee was not extended any benefits under the Act.
Moreover, allowing the employee to fully recover and then letting him rejoin; thus gaining an opportunity to display its concern for people and thereby benefiting from high employee morale and engagement, the employer chose to coerce him into resigning, so that he loses his right to make any claims subsequently.
The HR practices of the company clearly indicate the gap between what they practice and what they showcase to the world.
It would be ideal if the ex-employee files a civil suit against such employers for relief and compensation for the harsh treatment meted out to him and loss of earnings during the period subsequent to his injury/accident.
Warm regards.
From India, Delhi
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I am Damodhar R. Roshan, an employee of XXX India Pvt Ltd in Hyderabad, with an Employee ID: 08803D. I was affected by a brain stroke while I was in the office. However, instead of providing me with an alternative job, supporting my treatment expenses, and giving me moral support, the management forced me to resign. They stopped my pay for six months, confiscated my laptop and ID card, causing me more stress, which led to paralysis on the right side of my body. I want to fight for my rights and seek compensation. Could you kindly inform me under which clause I am protected within the company? Should I file a case against XXX in the High Court or Labour Court? I am now a disabled person, and no company is willing to employ me.
From India, Hyderabad
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From India, Hyderabad
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Dear Roshan,
No one should be sent out without being heard. Please approach the Conciliation authority in your jurisdiction, available district-wise. Fill out the form provided by them along with supportive documents. They will send a summons to both parties and initiate the mediation process.
If not, you can file a case in the labor court with the help of a good advocate under section 2(a) of the Industrial Dispute Act. You will get employment again:
1) You can be terminated while on medical leave for a longer period without being heard.
2) No one can withhold salary payments.
3) This action constitutes Retrenchment.
Kindly plead for reinstatement, and my best wishes for you. God will safeguard your health, and you will regain your status.
High regards,
T. Muralidaran
09500092586
From India, Hosur
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No one should be sent out without being heard. Please approach the Conciliation authority in your jurisdiction, available district-wise. Fill out the form provided by them along with supportive documents. They will send a summons to both parties and initiate the mediation process.
If not, you can file a case in the labor court with the help of a good advocate under section 2(a) of the Industrial Dispute Act. You will get employment again:
1) You can be terminated while on medical leave for a longer period without being heard.
2) No one can withhold salary payments.
3) This action constitutes Retrenchment.
Kindly plead for reinstatement, and my best wishes for you. God will safeguard your health, and you will regain your status.
High regards,
T. Muralidaran
09500092586
From India, Hosur
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Dear Damodar,
Fortnight ago, you had raised your post and you had received sufficient advice from senior members. The link to your last post is as follows: https://www.citehr.com/478886-i-got-...mises-but.html. Now, what is the logic of bringing up the same issue again? By reposting the same subject, will any company consider offering you a job? Our sympathies have their limits. Therefore, I urge you to cease this self-deprecation and focus on rebuilding your career de novo.
All the best!
Dinesh V Divekar
From India, Bangalore
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Fortnight ago, you had raised your post and you had received sufficient advice from senior members. The link to your last post is as follows: https://www.citehr.com/478886-i-got-...mises-but.html. Now, what is the logic of bringing up the same issue again? By reposting the same subject, will any company consider offering you a job? Our sympathies have their limits. Therefore, I urge you to cease this self-deprecation and focus on rebuilding your career de novo.
All the best!
Dinesh V Divekar
From India, Bangalore
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Dear Roshan,
You can approach the labor authority, Labor Tribunal, Labor Court, and other courts for reinstatement and compensation in the said case. Such termination shall be considered illegal termination in the eyes of the law.
From India, New Delhi
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You can approach the labor authority, Labor Tribunal, Labor Court, and other courts for reinstatement and compensation in the said case. Such termination shall be considered illegal termination in the eyes of the law.
From India, New Delhi
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Dear Roshan,
I have merged this with your earlier thread, as the matter is the same and is being further continued. You have already been advised earlier that you can seek relief under the Employees' Compensation Act for injuries arising during and in the course of employment. Moreover, you may file a civil suit for damages and compensation. However, it is imperative that you seek the services of a good lawyer. At this point in time, you need PROFESSIONAL LEGAL HELP.
Your lawyer will provide you with the best advice and help you proceed with the necessary actions. I wish you all the best in securing a landmark judgment that will also assist others in similar situations.
Warm regards.
From India, Delhi
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I have merged this with your earlier thread, as the matter is the same and is being further continued. You have already been advised earlier that you can seek relief under the Employees' Compensation Act for injuries arising during and in the course of employment. Moreover, you may file a civil suit for damages and compensation. However, it is imperative that you seek the services of a good lawyer. At this point in time, you need PROFESSIONAL LEGAL HELP.
Your lawyer will provide you with the best advice and help you proceed with the necessary actions. I wish you all the best in securing a landmark judgment that will also assist others in similar situations.
Warm regards.
From India, Delhi
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This has been a good discussion. Yes, there are pros and cons to bringing out the company's name and I think the moderators are doing well. In fact, the way the member has repeated his post combined with his (now deleted) response also gives rise to a concern about the veracity of the claims in the first place. I request all to note that in most cases on this forum, we are hearing only one side of the story. Without casting aspersions on the legitimacy of this query or others, I would also like to warn each of us about the risk of social media being misused to score personal agendas. Roshan has made the same post in other forums too. Yet, for 14 months, he neither raised a stink nor spoke to a lawyer about his predicament.
Though I am well aware of the way most of these big companies treat their people (and most of it is not nice) - I would still like to see people exercise restraint in criticizing the employees without really knowing both sides. This story is now searchable on Google, and if it is not true, then we would have maligned the employees without reason.
Having repeated what I said, I also would love to take on these big companies if what Roshan says is true.
From India, Mumbai
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Though I am well aware of the way most of these big companies treat their people (and most of it is not nice) - I would still like to see people exercise restraint in criticizing the employees without really knowing both sides. This story is now searchable on Google, and if it is not true, then we would have maligned the employees without reason.
Having repeated what I said, I also would love to take on these big companies if what Roshan says is true.
From India, Mumbai
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I had no high blood pressure, diabetes, I am a non-smoker, and I am a sportsman (football player). The only reason I and my doctors see is work pressure. I used to work for 14-15 hours on Thursdays and Fridays. I had a brain stroke on Wednesday due to the fear of Thursday and Friday. The company will blame me only, but I have evidence to prove that they harassed me.
From India, Hyderabad
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From India, Hyderabad
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Yes, I received my final settlement amount, but it was processed after my manager accepted my resignation. My manager took my user ID and password and typed out my resignation as I was unable to use my laptop. No, I am still not fully recovered. I am unable to move due to paralysis, which is why I have not been able to contact any advocate. Additionally, I cannot afford the fees of an advocate, to be frank. The company's procedures state something different, but the management acted differently. "MY CONDITION IS NOT GOOD, I HAVE TO LIVE A LIFE AS A DISABLED."
From India, Hyderabad
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From India, Hyderabad
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Dear Roshan,
Normally, the F&F settlement will be done only after termination, retirement, or resignation and not while in service. You are acknowledging that you are not fully recovered from the stroke and still admitting that you cannot move alone due to paralysis. How can you expect any company to keep you for a longer period without any productivity or work? If you can justify the circumstances, then you can make a claim. This brain stroke is not due to any accident; it has occurred solely because of your health problem and not during the course of work.
Even government organizations do not retain such staff for an extended period. How can we expect any private organization to retain a sick employee for a longer duration? If they do so, the organization will have more patients and fewer working staff.
In your earlier post, you mentioned that you were working 14 to 15 hours on Thursdays and Fridays. No company should require any staff to work beyond a certain time period. Additionally, it is surprising to note that you never objected to working beyond your regular hours. Typically, in the case of an inspection or audit, the company may work beyond normal hours. However, regularly working beyond 14 to 15 hours is not acceptable. Others may perceive you as incapable of completing your assigned tasks within the given time limit, leading you to stay late in the office.
Please do not feel that I am speaking against you. Please consider their perspective as well. The only option now is to speak with your ex-employer to discuss re-employment on sympathetic grounds based on your current working capacity. This way, you can lead your life without depending on others.
From India, Kumbakonam
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Normally, the F&F settlement will be done only after termination, retirement, or resignation and not while in service. You are acknowledging that you are not fully recovered from the stroke and still admitting that you cannot move alone due to paralysis. How can you expect any company to keep you for a longer period without any productivity or work? If you can justify the circumstances, then you can make a claim. This brain stroke is not due to any accident; it has occurred solely because of your health problem and not during the course of work.
Even government organizations do not retain such staff for an extended period. How can we expect any private organization to retain a sick employee for a longer duration? If they do so, the organization will have more patients and fewer working staff.
In your earlier post, you mentioned that you were working 14 to 15 hours on Thursdays and Fridays. No company should require any staff to work beyond a certain time period. Additionally, it is surprising to note that you never objected to working beyond your regular hours. Typically, in the case of an inspection or audit, the company may work beyond normal hours. However, regularly working beyond 14 to 15 hours is not acceptable. Others may perceive you as incapable of completing your assigned tasks within the given time limit, leading you to stay late in the office.
Please do not feel that I am speaking against you. Please consider their perspective as well. The only option now is to speak with your ex-employer to discuss re-employment on sympathetic grounds based on your current working capacity. This way, you can lead your life without depending on others.
From India, Kumbakonam
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Bhaskar - working 14-15 hours a day is quite common these days. And if junior employees complain about it, more often than not, they will eventually be shunted out. That's the reality in MOST firms I know of. From what I know of IBM, though, had he shared any sort of "medical" problem, IBM would have surely deputed him to a less stressful role with the caveat that the career growth path would obviously take a hit. And I do not see that he ever shared with his boss that stress is making him sick. It has come out now, close to 2 years later, when my post challenged the chronology. However, being from the healthcare side of the world, I am very skeptical about a series of inconsistent claims in this entire conversation.
A few observations:
1. If indeed his stress was the reason behind his cerebral stroke, is there a causal note from his neurosurgeon/psychologist to that effect in the initial diagnosis? If yes, was this note shared with his employer?
2. Roshan says he was working from home and even going to the office up to twice a week. But his resignation letter was typed by his boss since he couldn't type. What work was he doing? Was he contributing to the company, or was the company giving him a long olive branch due to his ill health?
I have a feeling the first-line manager could have handled this better; but was asked to do what he did because he has to run his budgets and be answerable for productivity.
While I remain deeply sympathetic to Roshan's health and well-being and pray for his recovery; this particular thread and its similar repetitions across different forums somehow seems to me to be a desperate way to push IBM to be more benevolent.
Boss if you have evidence to prove your company harassed you, then you already know what you can do and what you should do. Please do that and share with us the results so that each of us can learn from it, avoid making similar mistakes, and also help others gather evidence the way you have so that they are not victimized.
From India, Mumbai
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A few observations:
1. If indeed his stress was the reason behind his cerebral stroke, is there a causal note from his neurosurgeon/psychologist to that effect in the initial diagnosis? If yes, was this note shared with his employer?
2. Roshan says he was working from home and even going to the office up to twice a week. But his resignation letter was typed by his boss since he couldn't type. What work was he doing? Was he contributing to the company, or was the company giving him a long olive branch due to his ill health?
I have a feeling the first-line manager could have handled this better; but was asked to do what he did because he has to run his budgets and be answerable for productivity.
While I remain deeply sympathetic to Roshan's health and well-being and pray for his recovery; this particular thread and its similar repetitions across different forums somehow seems to me to be a desperate way to push IBM to be more benevolent.
Boss if you have evidence to prove your company harassed you, then you already know what you can do and what you should do. Please do that and share with us the results so that each of us can learn from it, avoid making similar mistakes, and also help others gather evidence the way you have so that they are not victimized.
From India, Mumbai
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I was in the evening shift when I had a brain stroke. I brought a medical certificate for the day shift that clearly states that I cannot take any stress. I was able to run automated reports and standard reports. The company had not offered me an alternative job but forced me to resign without providing any compensation.
From India, Hyderabad
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From India, Hyderabad
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I'm not trying to malign the reputation of the company. I'm trying to bring the true picture of MNCs, how they treat their own employees. They put advertisements internally that they are hiring disabled people, but they could not retain me. They could have put me in that category. The company, but no, they had forcefully taken my resignation through harassment. Companies simply put such to get tax exemption, but reality is something else. As I already mentioned, my condition was worse before, but now I am able to walk and type with my left hand. I want to know whether to file a case in the Labour Court, Civil Court, or High Court. I tried reporting the matter to the global head of HR. They are sitting on my complaint. The final settlement I got from the company is finished for treatment expenses.
From India, Hyderabad
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From India, Hyderabad
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The initial posts clearly advise your way forward. With the limited documentary evidence available here, that's probably the best this forum can do. You have also received similar advice on the lawyer's forum. If you really want to take this forward legally, please meet a good lawyer and share all documents with him/her. The choice of jurisdiction/court, etc., will depend on the case angle decided by your lawyer.
We wish you success in your pursuit and an even faster and complete recovery from your health challenge.
...And yes, it would be unfair to generalize all MNCs under your case as scheming employee harassers. We request you to be circumspect in your allegations.
From India, Mumbai
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We wish you success in your pursuit and an even faster and complete recovery from your health challenge.
...And yes, it would be unfair to generalize all MNCs under your case as scheming employee harassers. We request you to be circumspect in your allegations.
From India, Mumbai
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Thank you all for your suggestions..now I will definitely find a advocate ...Please help me in finding a good advocate.. I’m determined to fight for rights .
From India, Hyderabad
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From India, Hyderabad
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Hello Roshan,
Frankly, your lines "I'm trying to bring the true picture of MNCs, how they treat their own employees..." belie your current PRIORITY--which doesn't seem to be 'how to handle your situation/case', but seems to be 'to teach this MNC a lesson', whatsoever you may say to the contrary.
Else, there doesn't seem to be any valid & realistic reason(s) why you are still continuing to post in all the Forums without acting on the issue--as many members suggested.
This is NOT to say that your situation should be ignored or doesn't deserve empathy--but self-pity & harping constantly on the injustice doesn't take you anywhere. Quite often it becomes counter-productive--i.e., counter-productive TO YOU.
Regarding your late realization to find an advocate, I think you already have a way to identify one--like Executor mentioned, you have posted in a Lawyer's Forum. What's the best way to identify one?
The best this Forum can do is to refer you to some of the Legal members who are active in this Forum.
But IF you are looking for some sort of guarantee from any member that a particular Lawyer WILL... repeat WILL... solve all your current set of problems, then you are only escaping YOUR responsibility. Others can only guide you... it's YOUR responsibility to TAKE THE FINAL CALL, meaning whom to hire, when to hire & on what terms, etc.
I guess it would be pertinent to reiterate what Executor mentioned "It would be unfair to generalize all MNCs under your case as scheming employee harassers."
Just because accidents happen on the roads, you WOULDN'T STOP taking those roads... right? You ONLY TAKE CARE TO BE EXTRA CAREFUL... right?
And coming to your line about this MNC '...that they are hiring disabled people...', suggest DON'T MIX-UP things. Disability [or rather special ability] can MEAN ANYTHING & there will always be specific roles/positions that would suit one particular form of disability/special ability, but WILL NOT suit other forms.
All one can suggest is: PL for YOUR sake, DON'T swing from one end of the pendulum to the other. Begin to take the balanced/middle path--tough, no doubt, in the situation you are in, but nevertheless, that's THE ONLY CHOICE YOU OR ANYONE HAS in such situations. I.E., IF one wants to resolve the problem earnestly.
All the Best.
Regards,
TS
From India, Hyderabad
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Frankly, your lines "I'm trying to bring the true picture of MNCs, how they treat their own employees..." belie your current PRIORITY--which doesn't seem to be 'how to handle your situation/case', but seems to be 'to teach this MNC a lesson', whatsoever you may say to the contrary.
Else, there doesn't seem to be any valid & realistic reason(s) why you are still continuing to post in all the Forums without acting on the issue--as many members suggested.
This is NOT to say that your situation should be ignored or doesn't deserve empathy--but self-pity & harping constantly on the injustice doesn't take you anywhere. Quite often it becomes counter-productive--i.e., counter-productive TO YOU.
Regarding your late realization to find an advocate, I think you already have a way to identify one--like Executor mentioned, you have posted in a Lawyer's Forum. What's the best way to identify one?
The best this Forum can do is to refer you to some of the Legal members who are active in this Forum.
But IF you are looking for some sort of guarantee from any member that a particular Lawyer WILL... repeat WILL... solve all your current set of problems, then you are only escaping YOUR responsibility. Others can only guide you... it's YOUR responsibility to TAKE THE FINAL CALL, meaning whom to hire, when to hire & on what terms, etc.
I guess it would be pertinent to reiterate what Executor mentioned "It would be unfair to generalize all MNCs under your case as scheming employee harassers."
Just because accidents happen on the roads, you WOULDN'T STOP taking those roads... right? You ONLY TAKE CARE TO BE EXTRA CAREFUL... right?
And coming to your line about this MNC '...that they are hiring disabled people...', suggest DON'T MIX-UP things. Disability [or rather special ability] can MEAN ANYTHING & there will always be specific roles/positions that would suit one particular form of disability/special ability, but WILL NOT suit other forms.
All one can suggest is: PL for YOUR sake, DON'T swing from one end of the pendulum to the other. Begin to take the balanced/middle path--tough, no doubt, in the situation you are in, but nevertheless, that's THE ONLY CHOICE YOU OR ANYONE HAS in such situations. I.E., IF one wants to resolve the problem earnestly.
All the Best.
Regards,
TS
From India, Hyderabad
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Dear Roshan,
Firstly, I feel sorry for whatever you've gone through, and my sincere prayers to the Almighty to bless you abundantly and help you recover at the earliest. Even before I go forward, I must appeal to you to withhold the feeling that you are disabled. You could be hampered physically, but that doesn't mean you are disabled. Psychologically, you put yourself in a defeated state, which will not help either your recovery or your confidence.
Secondly, this thread has invoked a lot of responses by seniors and neutralizing by moderators, offering you a lot of alternatives and rich experience to all the others following this thread.
Now, to the issue on hand. I have gone through the thread, every line, every detail, but just couldn't find anywhere the position you were holding, the role you were playing, and what tasks you were performing. I'm asking this specifically because if you were working on high-security development or were on maintenance, for this involves your network access of servers protected and those which necessitate your presence at the workplace as remote access is generally denied. I could probably guess that you were working on development pieces which could be tested and integrated into the main modules. In which case, I do not see it reasonable not to allow you to work from home. If on a billable maintenance assignment, working from home isn't allowed, as it is not possible because you will be summoned to act upon fixing bugs or issues that arise in large complex development projects.
The next question is how long were you with IBM, and was there any history preceding this incident for which you have had issues with the management (immediate or beyond). Having said this, let me be candid in mentioning to you the 'puppet role' played by most HR folks (with due apologies to the entire HR community at large - as this is particularly referring to HR professionals in large multinational organizations, and the personnel handling HR in this case may be a relatively junior person of an experience of not more than 5-7 years), in such large organizations. They can only act on what is told. Should they try to argue the case of any employee being treated unfairly, be assured the HR person will be shown the door. So in this case, the way the HR has handled your case isn't surprising at all. I really wonder what the compulsion was because you could have been considered to be placed on the bench or redeployed on easier projects that could have helped you in all possible ways including getting back to near-normalcy if not totally. To expect such gratis from US-based companies is asking for the moon, especially because you belong to the third world country. They dare not do this to a native.
It would have been very nice if this issue was brought to light as someone mentioned 14 months ago as you will need a lot of documentary support and who knows how many crucial aspects that were discussed either personally or by phones, etc. Seeking legal option would require all this and a high power, high character, high esteem lawyer who can take this case up with dignity and honesty. It's possible but who would want to take this issue is a question. Some of the recent cases in the country that of Tejpal or for that matter that of Justice Ganguly suggest that we have eminent people who can take the might of even the powerful. In this case too, you will have to find one just like that. This is a case to be fought for a cause for whatever it is worth. If you find someone of this caliber and if that person has a large heart, he could forgo his fee, but you may still have to shell down a fair amount of money for all other aspects of the case. This person should not be obligated whatsoever in any manner to the company in question or to any of the other constituents who could use their offices to influence the case against you.
I also saw elsewhere in the long thread that you got the final settlement and that you are incapacitated, which is sad, but just think it over; in this condition, you can get an accommodation in any other company only on being a 'super special guy.' I do not mean to belittle you but am suggesting that you try picking up some super skills and also think in terms of alternatives to gain support till you can be independent. A gentleman named Ramakrishnan is paralyzed below his waist due to an accident caused when he went to NDA Khadakvasla for selection while performing the physical exercises. He fell down from a 10' height. An army doctor Brig. Gurbux Singh, attending to his case not only took care of his immediate treatment but also followed it up with getting permissions and sanctions along with help from philanthropists and ensured this gentleman was living and well too, except that he can't walk. Strange quirk of fate, his sister and another close friend of his also met with accidents which incapacitated them to the same condition of operating from a wheelchair. This is not a fairy tale, nor is it a story to offer you any solace or to convince you. In fact, these three people have raised an NGO Amar Seva Sangam, near Tenkasi in Tamil Nadu, which I visited in June 2012, and was amazed to see all the marvels he had created. This can inspire anyone.
In final submission, I must state that there are IT multinational organizations operating from our country which use their rule book only, and forget the fact that they have to depend on humans for delivery as they employ the minds and hands of these bodies as raw material for processing their outputs and to show a healthy balance sheet. We need to fight against this modern 'slavery' and 'discrimination.'
From India, Hyderabad
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Firstly, I feel sorry for whatever you've gone through, and my sincere prayers to the Almighty to bless you abundantly and help you recover at the earliest. Even before I go forward, I must appeal to you to withhold the feeling that you are disabled. You could be hampered physically, but that doesn't mean you are disabled. Psychologically, you put yourself in a defeated state, which will not help either your recovery or your confidence.
Secondly, this thread has invoked a lot of responses by seniors and neutralizing by moderators, offering you a lot of alternatives and rich experience to all the others following this thread.
Now, to the issue on hand. I have gone through the thread, every line, every detail, but just couldn't find anywhere the position you were holding, the role you were playing, and what tasks you were performing. I'm asking this specifically because if you were working on high-security development or were on maintenance, for this involves your network access of servers protected and those which necessitate your presence at the workplace as remote access is generally denied. I could probably guess that you were working on development pieces which could be tested and integrated into the main modules. In which case, I do not see it reasonable not to allow you to work from home. If on a billable maintenance assignment, working from home isn't allowed, as it is not possible because you will be summoned to act upon fixing bugs or issues that arise in large complex development projects.
The next question is how long were you with IBM, and was there any history preceding this incident for which you have had issues with the management (immediate or beyond). Having said this, let me be candid in mentioning to you the 'puppet role' played by most HR folks (with due apologies to the entire HR community at large - as this is particularly referring to HR professionals in large multinational organizations, and the personnel handling HR in this case may be a relatively junior person of an experience of not more than 5-7 years), in such large organizations. They can only act on what is told. Should they try to argue the case of any employee being treated unfairly, be assured the HR person will be shown the door. So in this case, the way the HR has handled your case isn't surprising at all. I really wonder what the compulsion was because you could have been considered to be placed on the bench or redeployed on easier projects that could have helped you in all possible ways including getting back to near-normalcy if not totally. To expect such gratis from US-based companies is asking for the moon, especially because you belong to the third world country. They dare not do this to a native.
It would have been very nice if this issue was brought to light as someone mentioned 14 months ago as you will need a lot of documentary support and who knows how many crucial aspects that were discussed either personally or by phones, etc. Seeking legal option would require all this and a high power, high character, high esteem lawyer who can take this case up with dignity and honesty. It's possible but who would want to take this issue is a question. Some of the recent cases in the country that of Tejpal or for that matter that of Justice Ganguly suggest that we have eminent people who can take the might of even the powerful. In this case too, you will have to find one just like that. This is a case to be fought for a cause for whatever it is worth. If you find someone of this caliber and if that person has a large heart, he could forgo his fee, but you may still have to shell down a fair amount of money for all other aspects of the case. This person should not be obligated whatsoever in any manner to the company in question or to any of the other constituents who could use their offices to influence the case against you.
I also saw elsewhere in the long thread that you got the final settlement and that you are incapacitated, which is sad, but just think it over; in this condition, you can get an accommodation in any other company only on being a 'super special guy.' I do not mean to belittle you but am suggesting that you try picking up some super skills and also think in terms of alternatives to gain support till you can be independent. A gentleman named Ramakrishnan is paralyzed below his waist due to an accident caused when he went to NDA Khadakvasla for selection while performing the physical exercises. He fell down from a 10' height. An army doctor Brig. Gurbux Singh, attending to his case not only took care of his immediate treatment but also followed it up with getting permissions and sanctions along with help from philanthropists and ensured this gentleman was living and well too, except that he can't walk. Strange quirk of fate, his sister and another close friend of his also met with accidents which incapacitated them to the same condition of operating from a wheelchair. This is not a fairy tale, nor is it a story to offer you any solace or to convince you. In fact, these three people have raised an NGO Amar Seva Sangam, near Tenkasi in Tamil Nadu, which I visited in June 2012, and was amazed to see all the marvels he had created. This can inspire anyone.
In final submission, I must state that there are IT multinational organizations operating from our country which use their rule book only, and forget the fact that they have to depend on humans for delivery as they employ the minds and hands of these bodies as raw material for processing their outputs and to show a healthy balance sheet. We need to fight against this modern 'slavery' and 'discrimination.'
From India, Hyderabad
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@ TSK Raman: I have a total of 12 years of experience. 7.6 years were spent at HSBC, where I served the longest. My time at IBM was only 7 months. I have had no medical problems, no high blood pressure, no diabetes, I am a non-smoker, and moreover, I am a sportsperson (Footballer). The only reason I can see for my health issues is high work pressure (Proofs available). Is there any forum for MNCs where I can report my case? I cannot afford an advocate's fee due to unemployment.
From India, Hyderabad
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From India, Hyderabad
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Dear Roshan,
Thanks for the additional data supplied. However, it still has not answered my question: whether you are in Development, Maintenance, or Support (Backend/Front End), or if you were involved in Testing or Web Designing. You have 12 years of experience, of which 7.6 years were at HSBC. How do you account for your other 4 odd years of experience? I do not wish to make any further guesses, as all these questions were meant to discover the real reason why IBM treated you this way.
When I read that you've been at IBM for just 7 months, honestly, you haven't even fully established a relationship with them. Getting an assignment and familiarizing yourself with the work, the people, the processes, the stakeholders, etc., typically takes around 3 months. Due to various pressures, you experienced a breakdown. While they may have sympathized with you, I'm certain they would have given you the benefit of the doubt and postponed their decision on whether to continue with you. I'm sure neither you nor they could have foreseen the seriousness of your sudden illness and breakdown until the tests revealed the truth. Therefore, if their work is being affected and things remain uncertain, they will seek to replace you, as they are ultimately responsible for the deliverables, or else they risk facing consequences.
Please do not misconstrue me as someone who operates without compassion. Multinationals may have calculated their actions, and at this point, they are likely more prepared to defend themselves than you are, despite any evidence you have or may produce.
You are correct that there should be a National Forum that can address cases like this, similar to how the 'consumer court' functions for products. If I were to suggest one, NASSCOM should have taken the lead, but unfortunately, they have not. This situation serves as a warning for professionals, signaling the need for a unified body.
Best wishes for your health, Roshan.
From India, Hyderabad
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Thanks for the additional data supplied. However, it still has not answered my question: whether you are in Development, Maintenance, or Support (Backend/Front End), or if you were involved in Testing or Web Designing. You have 12 years of experience, of which 7.6 years were at HSBC. How do you account for your other 4 odd years of experience? I do not wish to make any further guesses, as all these questions were meant to discover the real reason why IBM treated you this way.
When I read that you've been at IBM for just 7 months, honestly, you haven't even fully established a relationship with them. Getting an assignment and familiarizing yourself with the work, the people, the processes, the stakeholders, etc., typically takes around 3 months. Due to various pressures, you experienced a breakdown. While they may have sympathized with you, I'm certain they would have given you the benefit of the doubt and postponed their decision on whether to continue with you. I'm sure neither you nor they could have foreseen the seriousness of your sudden illness and breakdown until the tests revealed the truth. Therefore, if their work is being affected and things remain uncertain, they will seek to replace you, as they are ultimately responsible for the deliverables, or else they risk facing consequences.
Please do not misconstrue me as someone who operates without compassion. Multinationals may have calculated their actions, and at this point, they are likely more prepared to defend themselves than you are, despite any evidence you have or may produce.
You are correct that there should be a National Forum that can address cases like this, similar to how the 'consumer court' functions for products. If I were to suggest one, NASSCOM should have taken the lead, but unfortunately, they have not. This situation serves as a warning for professionals, signaling the need for a unified body.
Best wishes for your health, Roshan.
From India, Hyderabad
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I think we have gone round in circles in this thread for some time now. Nothing new is forthcoming from Roshan apart from his hapless position. Straightforward questions also are not getting answered. Consequently, the experts have nothing to add to this themselves.
Roshan, you have been guided to the extent this forum allows. What YOU choose to do beyond this is really up to you and you alone. If there is any "specific" (I repeat, "SPECIFIC") assistance you seek from any of us; I am sure the same will be made available after due perusal of the proof that you claim to have. If you have nothing substantial to add, please consider all the advice preferred earlier by our members and move ahead. You have to get yourself out of this rut of self-pity and move way beyond the "I am a victim" mindset. Even if you are the victim, just crying and screaming about it won't get you anywhere.
As TSK says, your ex-employer possibly has more documents ready to show a stronger case to their advantage. And with just 7 months of vintage, I repeat what I said earlier - they have already given you a very long rope out of humane considerations. Even as a reader of your posts here, I do not see the value you added to the organization during your healthy days or beyond. And now with all these public postings to try and shame them, you are just being a nuisance. No benevolence or goodwill gesture can last forever without some sort of reciprocation. Ultimately, IBM is not a charitable organization or an NGO. In the present economic scenario, with the bottom lines the way they are, none of these organizations can take on philanthropy at the cost of their existing workforce and business objectives.
From India, Mumbai
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Roshan, you have been guided to the extent this forum allows. What YOU choose to do beyond this is really up to you and you alone. If there is any "specific" (I repeat, "SPECIFIC") assistance you seek from any of us; I am sure the same will be made available after due perusal of the proof that you claim to have. If you have nothing substantial to add, please consider all the advice preferred earlier by our members and move ahead. You have to get yourself out of this rut of self-pity and move way beyond the "I am a victim" mindset. Even if you are the victim, just crying and screaming about it won't get you anywhere.
As TSK says, your ex-employer possibly has more documents ready to show a stronger case to their advantage. And with just 7 months of vintage, I repeat what I said earlier - they have already given you a very long rope out of humane considerations. Even as a reader of your posts here, I do not see the value you added to the organization during your healthy days or beyond. And now with all these public postings to try and shame them, you are just being a nuisance. No benevolence or goodwill gesture can last forever without some sort of reciprocation. Ultimately, IBM is not a charitable organization or an NGO. In the present economic scenario, with the bottom lines the way they are, none of these organizations can take on philanthropy at the cost of their existing workforce and business objectives.
From India, Mumbai
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Dear,
Don't worry, this can happen to anyone, and it is the duty of the employer to cooperate with you in such matters. In my opinion, you may approach the commissioner, employee's workmen's compensation for compensation, and conciliation officer for reinstatement without wasting time. Alternatively, you can directly approach the labor commissioner in this matter.
Wishing you a healthy recovery.
Thanks
From India, New Delhi
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Don't worry, this can happen to anyone, and it is the duty of the employer to cooperate with you in such matters. In my opinion, you may approach the commissioner, employee's workmen's compensation for compensation, and conciliation officer for reinstatement without wasting time. Alternatively, you can directly approach the labor commissioner in this matter.
Wishing you a healthy recovery.
Thanks
From India, New Delhi
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