- IT Employees Life : Fun or Problems?
- Corporate Appointment Letter and Mafia Loan Agreement
- Don’t Resign without a Job in Hand
- Can an IT Employee Fight the Company?
Shyam Sundar who is part of NDLF IT union is having around 20 years of experience in information technology. He is writing this article “IT employees Life Fun or Problems” to create awareness on various issues faced by IT employees.
I asked a set of queries at the end of last part on various threats faced by employees during their HR interviews. We will seek answers for the above queries in this part.
“You will not get job anywhere if you don’t resign” (Will I, if I resign?)
First, HR threatens the employee that if they did not resign, company will blacklist them and employee will not get job anywhere outside. In this scenario what the employee should do?
Please understand HR making statements like this is completely unethical. We work in the company for several years. Now, if the company says if you resign on your own you are a good employee else you are bad, then it is completely against ethical process. This is absolute blackmailing by the company.
If HR uses this tactics, don’t lose your temper or become emotional and take decision. Never, ever submit your resignation immediately on hearing such threats. If company has real authority to terminate employees, then they will issue termination letter. They will not come and request/threaten employees to resign. The company’s intention is to make employee resign on their own. After the employee resigns, company will show this as attrition to outside world. So don’t fall prey to such words from your HR representatives.
After joining NDLF, I have spoken with more than 100 people who faced such interviews with HRs. I observed that more than 98% of the employees submit the resignation after the above threat. The main reason for this reaction is all are afraid that if they are blacklisted, they will not get new job outside and it affects their career. So many employees resign within 10 minutes of HR interview after this threat.
I want to narrate the stories of 2 of my friends who worked with me.
Kandaswamy (name changed) is a senior employee and he was asked to resign in Oct 2016. He submitted resignation after HR interview and his last date of working is end Nov 2016. He has around 20 years of experience in IT industry and part of testing back ground.
He searched for job and unfortunately he did not able to find any job till now even after 9 months. In the initial days, he got response from some of the companies. But now-a-days he is not getting any calls. As the gap between jobs increased, he lost his hope of getting new job.
I asked him if he is doing any business but he replied he is not doing anything. Till May he managed his family needs with gratuity money he got. As schools reopened for his kids, he started using his PF money. This makes me very sad. But unfortunately this is the situation of many of the people who resigned.
I talked with another friend named Antony who is having 15 years of experience in IT industry. His story is also the same. He searched for jobs for 6 months staying in Chennai. As he did not find any suitable job, he shifted to his native place leaving IT field. He had worked day and night for the company and he felt very bad about the treatment he got from the company. He wanted to fight against this but he did not know what to do and gave up on corporate pressure
IT employees should understand the nature of battle they are facing now. Now almost all IT companies want to oust senior employees above 15 years of experience as they want to clear the top of the pyramid. So unless your skill is very niche and there is huge requirement for that skills, it is becoming difficult for many people to get new job
So what I am suggesting is as I told before, don’t ever and never submit your resignation without getting a new job. There is a proverb in English that known devil is better than unknown angel. So don’t submit resignation with a perception that you will get a better job.
If HR calls for such interviews, try to explore options such as lodging complaints through various grievance mechanism within company. In the meantime, try for job outside and if you get better job, submit resignation and go. I hope everyone will agree for my suggestion of not resigning on HR threats.
You enroll with NDLF in the meantime and explore options for seeking various legal protection you will be getting as part of Industrial dispute act. I will briefly talk about these protections in forthcoming parts. It is always better to form a group of affected people and fight together. In such events, a trade union is the required form of such group. To register with NDLF, please write to us at email@example.com or call us at 9003198576
“We will stop PF and Gratuity” (You dare!)
Let us now try to find the answer for the second threat of HR about company stopping Provident fund and gratuity if they terminate employee.
The above statement is really amateur statement and if your HR representative used this statement for threatening, then you consider him/her as real amateur. I don’t think any company will ask HR representative to make such statements to employees. The problem here is many HR representative are also doing these type of exit interviews for the first time and they are also not aware on what to talk in such exit interviews.
Provident fund and gratuity are the money earned by the employee and if the company try to hold that money for longer time, then employee has the right to complain under criminal clause against the company.
The PF money deducted from employee’s salary and the company contribution should be deposited with PF authority. If company depositing the money, it should pay 5% interest for 2 months delay, 10% interest for 2-4 months delay, 15% interest for 4-6 months delay.
So if HR threatens that you will not get provident fund, don’t show your laughter at him/her, just ignore that statement
“Wont give Relieving Letter” (Are you joking?)
Let us look at the last query which threatens employee about not giving relieving letter. If a company does not gives relieving letter, does that mean the employee did not work in the company for several years. Did the company not pay salary into the employee account for so many months?
There is a proverb in Tamil which state if you stole the comb, wedding will be stopped. So threatening employees of not providing relieving letter is also amateur statement and definitely it is the company responsibility to close all exit formalities while doing employee separation.
So basically while trying to find answer to all queries, what we understand is HR representatives are doing their job of trying to make employee resign by making various threats. So as I told earlier, refuse politely to resign and don’t fall prey to HR threats and submit your resignation.
Now we will try to answer more common threats employee faced during separation process.
- My company is one of the largest reputed companies in India
- My company has strong legal team and it is not possible to fight against the company as their legal team will crush my legal argument
- My company owner is one of the richest business men and has high reputation
How I can fight if I face termination considering all the scenarios given above? Think about the answers for these questions and we will discuss in detail in next part.
(Continued…) the next part will be published on Monday 04-09-2017 at 1 pm.