FORUM FOR IT EMPLOYEES - FITE

India’s First IT/ITES/BPO/KPO/Telecom Employee’s Registered Trade Union

Tamil Nadu | Maharashtra | Karnataka | Telangana | Kerala | NCR | West Bengal

Frequently Asked Question’s

1. What are the activities are considered as illegal?

a. Forcing to Resign
b. Threatening
c. Blacklisting
d. Harassment (Mental, Physical & Sexual)
e. Termination without notice and valid reason.
f. Illegal Retrenchment / Illegal Layoff.
g. Denial of Maternity/Paternity Benefits
h. Non-payment of salary or holding the salary without proper reason.
i. Not allowing you to take the opportunities inside the organization. (Cornering), etc.

2. What should I do when I am forced to resign?

First of all, don’t panic and DO NOT RESIGN, ask the person (HR or Manager) who forces you to resign to drop an
email for the same with valid reason. Drop an email from your official email id by detailing the incident to all the
respective person’s and their manager’s who are involved in this activity.

Note: Forcing you to resign is also treated as harassment.

3. What should I do if my Manager or HR denies to provide reason in email?

Immediately, record all their statements during the conversation and harassment in an email and drop it to your
Manager or HR by looping their managers, follow the escalation matrix internally, if you don’t get any proper
response. Escalate Further till CEO, you have all the right to talk to your CEO.

4. What should I do, if my Manager or HR asking for meeting to discuss about your employment with the
company?

First ask for “Meeting Agenda” in Email. If they deny to provide, then go ahead and drop an email for the same.
You have all the rights to record the conversation (Audio or Video) during the meeting when it is related to your
employment with that company.

Note: Make sure that you are not recording company’s confidential information (Like Client Work Details).

5. What are the documents I need to secure for legal action?

Forward all the important official emails, Pay Slips for last 10 months, leave balance records, Time Sheets for the
last 3 months, last appraisal, awards and appreciation received during your service to your personal email ID
without any delay.

Note: Make sure that you are not sending any company’s confidential information (Like Client Work Details).

Website: http://fite.otrg.in , Email: fiteorg@gmail.com

Facebook: https://www.facebook.com/ForumforITEmployees
 FORUM FOR IT EMPLOYEES - FITE
India’s First IT/ITES/BPO/KPO/Telecom Employee’s Registered Trade Union
Tamil Nadu | Maharashtra | Karnataka | Telangana | Kerala | NCR | West Bengal

6. What are the ways I can record the company’s illegal activities?

a. You can always send a Minutes of Meeting (MOM) to all the participants of the meeting and their managers.
(MOM is considered as primary evidence)
b. You can take screenshot or Photographs of the emails which is related your employment.
c. You can use any mobile application to record the calls and meetings.
d. You can also do video recording in the event of harassment, threatening, black mailing, etc. (Audio & Video
recordings are considered as Secondary Evidence)

7. What should be my first legal step against these illegal activities?

When you face these issues inside the company and there is no response or improvement on your escalation.
Please go to the nearest Police Station and submit a written police complaint narrating the illegal activities (Date
Wise) done by the company in detail (Do mention the person name who involved in these activities) and get a
stamping on your acknowledged copy with the Inward Number. You can share a copy of your internal escalation
email thread for the Police’s reference. You can even raise your grievance through online, when they deny to take
your complaint.

Note: Please do mention that all the evidences inside the company premises are need to be protected.

8. What should be my next step after the police complaint?

Submit a plain complaint to the respective Labour Commissioner Office (LC) immediately about the illegal activities
in writing and get the stamping on your acknowledgement copy with the Inward Number. You can share a copy of
your internal escalation email thread and the police complaint for the LC’s reference. You can even raise your
grievance through online, when they deny to take your complaint.

Note: Please do mention that all the evidences inside the company premises are need to be protected.

9. What I have to get from company without fail, in the event of termination?

Your company expected to serve a prior notice with the reason behind for the decision to terminate your services.
They have to issue your Service Certificate and they cannot hold your Relieving Letter also, subject to handing over
all the company assets to them which is assigned to you.

10. Shall I submit the laptop and other company assets when they ask for?

If they ask you to surrender your laptop, data card etc., ask them to send the email quoting the last working day (+
reasons behind your termination) in writing. On receipt of their response on your last working day – you can
handover you Laptop and other assets assigned in your name.

Note: To protect the evidences in the company asset, please mention the assets which you have submitted to
company in all the complaints.

Website: http://fite.otrg.in , Email: fiteorg@gmail.com

Facebook: https://www.facebook.com/ForumforITEmployees
 FORUM FOR IT EMPLOYEES - FITE
India’s First IT/ITES/BPO/KPO/Telecom Employee’s Registered Trade Union
Tamil Nadu | Maharashtra | Karnataka | Telangana | Kerala | NCR | West Bengal

11. What should I do on my Last Day in the company?

a. Send an email or in writing to the Top Management (Registered Speed Post with Acknowledgement).
b. Asking to share the reasons behind the termination.
c. Acknowledgement for the assets handed over by you.
d. Full and Final Settlement amount due with the break-up advice.
e. Service Certificate.
f. Relieving Letter.

12. What should I do after termination from the company?

If you are terminated submit another complaint to the nearest police station narrating the illegal activities and
what is happened to you in spite of your first complaint lodged vide with Inward No. and date. You can also
demand to share the reasons behind the termination and asking for relieving letter.

13. How should I raise dispute against my employer for their illegal activities?

You can file 2A or 2K petition under Industrial Dispute Act – 1947

Note: 2A petition is for individuals and 2K Petition is for group of people from one company facing the same
issue.

Please find more details about filing the petition in “Guidelines for filing IDA 2A petition”

Please do let us know, if you have more questions…

#FITE

Website: http://fite.otrg.in , Email: fiteorg@gmail.com

Facebook: https://www.facebook.com/ForumforITEmployees