Harassment and misinformation from ex-employer Harassment and misinformation from ex-employer

3 years ago

My ex-employer, a leading MNC has caused me a lot of mental stress and frustration. They are demanding me that I pay an amount of 40k as my full and final settlement amount with them. This amount keeps changing every few weeks. First it was 70k, then 43 k then 16k and now 40k. They are also giving me wrong information(example telling me that I was on leave for 1 month..which was not the case!). I am in communication with them since past 2 months. Please help me with this.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
If you are not comfortable then come out and fight. Please enhance your knowledge as follows. Please give me Rank 5 if you feel my answer helped you
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Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

This is completely unethical, calous.

Once they finally decide about the actionable which is not justifying, you should consult to a lawyer to issue legal notice, failing which move to the next steps.
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