I worked with Wipro BPO Pune for 7.5 years with a major UK Telecom Client . I had no growth despite giving the best performance and quality work. I have seen people with poor spoken and written English skills growing to become SME and QA within 2- 8 months.
I submitted my resignation on 19 June 2024. I had last reported to work on 27 June. I was seriously ill. First, it was high grade fever. I had informed My Team Lead. He asked me not to report until he gives permission. Then he went ahead and raised Absconding charges against me with OMBUDS team.
My Team Lead is class 12 drop out and had himself absconded from his previous company. Just that he grew very quickly in this process due to sheer luck.
I was unaware of him playing against my back. I had such high fever , vomit , stomach pain. I was unable to get out of bed for 3-4 days.
On 5th Day, I consulted the doctor who prescribed medicines and asked for few tests to be done. Upon blood test reports received, it was Typhoid revealed. I submitted the Lab reports to HR and manager, who said only 3 days were approved based on business requirement. It was impossible for me to return to work so early. They kept sending me threatening emails which stated of strict actions to be taken if I failed to report to work.
I was still very unwell with frequent vomits and severe abdomen pain and swelling. I was advised for few more tests and Ultrasonography by the Doctor. Once I received the reports , I submitted them to the HR and management, But they did not consider those reports - which stated I had hernia which requires surgery and acute pancreatitis. I needed to be admitted to the hospital immediately.
HR replied that based on old documents , my absconding stands valid. Everyone seemed to be interested in my separation or termination me. No one from the company asked how my health was or if needed any help.
A day after that, I received an email on gmail ID - Notice of Separation - that my Last working day /Actual Releasing date had been updated to 26 June. This was done without any discussion with me. Though I had reported to work on 27th June.
On the next day, I received an email from Wipro Legal and Compliance Team That I had been relieved from the services of wipro.
I had 15 days of leave in balance, I did not receive any leave encashment. I did not received my gratuity even. After 2 months, they sent me RElieving Letter, which mentioned 26th as last working day. Though I had worked on 27th JUne 2024.
Could they not waive off 2 months notice period recovery amount? And Actual Releasing Date is changed by to 26th June, then why did they deduct the amount from my gratuity?
From India, Pune
I submitted my resignation on 19 June 2024. I had last reported to work on 27 June. I was seriously ill. First, it was high grade fever. I had informed My Team Lead. He asked me not to report until he gives permission. Then he went ahead and raised Absconding charges against me with OMBUDS team.
My Team Lead is class 12 drop out and had himself absconded from his previous company. Just that he grew very quickly in this process due to sheer luck.
I was unaware of him playing against my back. I had such high fever , vomit , stomach pain. I was unable to get out of bed for 3-4 days.
On 5th Day, I consulted the doctor who prescribed medicines and asked for few tests to be done. Upon blood test reports received, it was Typhoid revealed. I submitted the Lab reports to HR and manager, who said only 3 days were approved based on business requirement. It was impossible for me to return to work so early. They kept sending me threatening emails which stated of strict actions to be taken if I failed to report to work.
I was still very unwell with frequent vomits and severe abdomen pain and swelling. I was advised for few more tests and Ultrasonography by the Doctor. Once I received the reports , I submitted them to the HR and management, But they did not consider those reports - which stated I had hernia which requires surgery and acute pancreatitis. I needed to be admitted to the hospital immediately.
HR replied that based on old documents , my absconding stands valid. Everyone seemed to be interested in my separation or termination me. No one from the company asked how my health was or if needed any help.
A day after that, I received an email on gmail ID - Notice of Separation - that my Last working day /Actual Releasing date had been updated to 26 June. This was done without any discussion with me. Though I had reported to work on 27th June.
On the next day, I received an email from Wipro Legal and Compliance Team That I had been relieved from the services of wipro.
I had 15 days of leave in balance, I did not receive any leave encashment. I did not received my gratuity even. After 2 months, they sent me RElieving Letter, which mentioned 26th as last working day. Though I had worked on 27th JUne 2024.
Could they not waive off 2 months notice period recovery amount? And Actual Releasing Date is changed by to 26th June, then why did they deduct the amount from my gratuity?
From India, Pune
Let me view the situation like this: You worked with an organisation for 7 years and six months, not more than six months. On account of illness you submitted resignation on 19th June wherein you did not mention that you will be serving the notice period. The management accepted the resignation and relieved you on 26th June. You reported to work on 27th June also but that day was not counted as service day because before that you were relieved.
Now the question is that they have not paid your gratuity and encashment or surrender of PL which comes to pay equal to 15 days.
There is no doubt that you should get gratuity. It is also your right to get the unavailed PL encashed. For that you should approach two different authorities, ie, for Gratuity the Controlling Authority under Payment of Gratuity Act, which in your case will be Asst Labour Commissioner (Central) because your establishment has offices in different states in India. For getting the leave surrender benefits, you may have to approach the officer concerned of the state Labour department who is the appropriate authority under the Shops and Commercial Establishments Act.
Now coming back to the scenario, I would like to say that relieving you earlier than the date of expiry of the notice period mentioned in the resignation may make the employer to pay you notice pay. but at the same time, if your resignation letter did not contain a request that " I may be relieved on 18th of August 2024" which comes on completion of your required notice period of two months, then the employer has the liberty to relieve you earlier without allowing you to serve the notice period. Whereas you have reported that you were not well, and would require hospitalisation etc, the decision of the management will be found appropriate also.
Suppose that your resignation contained a request that you may be relieved at the earliest or at the convenience of the management, then they can demand salary in lieu of notice period from you. However, if that is the case, no way the management can recover the notice pay from you. recovering or adjusting the notice pay from gratuity amount, anyway, is totally illegal. It is not expected from the legal team of such a big establishment.
The management has put the date of relieving as 26th June instead of 27th June. This may be to avoid fraction of year of service be rounded to one year. If your service will become 7 years, 6 months and one day if you were relieved on 27th June, then the employer would prefer that the employee be relieved on 26th itself, so that the fraction of 6 months would be ignored. On the other hand, if the next date, ie, 27th June, is considered the service for gratuity would become 8 years, and accordingly the amount of gratuity would also increase. This is only a chance.
In any case the employer cannot forfeit the gratuity. The employer is expected to pay the amount within 30 days of your relieving. If not paid you will get interest @10 percent. You should demand the gratuity by escalating the matter to the Controlling Authority, Please send an application for recovery of gratuity from the employer immediately.
From India, Kannur
4249Now the question is that they have not paid your gratuity and encashment or surrender of PL which comes to pay equal to 15 days.
There is no doubt that you should get gratuity. It is also your right to get the unavailed PL encashed. For that you should approach two different authorities, ie, for Gratuity the Controlling Authority under Payment of Gratuity Act, which in your case will be Asst Labour Commissioner (Central) because your establishment has offices in different states in India. For getting the leave surrender benefits, you may have to approach the officer concerned of the state Labour department who is the appropriate authority under the Shops and Commercial Establishments Act.
Now coming back to the scenario, I would like to say that relieving you earlier than the date of expiry of the notice period mentioned in the resignation may make the employer to pay you notice pay. but at the same time, if your resignation letter did not contain a request that " I may be relieved on 18th of August 2024" which comes on completion of your required notice period of two months, then the employer has the liberty to relieve you earlier without allowing you to serve the notice period. Whereas you have reported that you were not well, and would require hospitalisation etc, the decision of the management will be found appropriate also.
Suppose that your resignation contained a request that you may be relieved at the earliest or at the convenience of the management, then they can demand salary in lieu of notice period from you. However, if that is the case, no way the management can recover the notice pay from you. recovering or adjusting the notice pay from gratuity amount, anyway, is totally illegal. It is not expected from the legal team of such a big establishment.
The management has put the date of relieving as 26th June instead of 27th June. This may be to avoid fraction of year of service be rounded to one year. If your service will become 7 years, 6 months and one day if you were relieved on 27th June, then the employer would prefer that the employee be relieved on 26th itself, so that the fraction of 6 months would be ignored. On the other hand, if the next date, ie, 27th June, is considered the service for gratuity would become 8 years, and accordingly the amount of gratuity would also increase. This is only a chance.
In any case the employer cannot forfeit the gratuity. The employer is expected to pay the amount within 30 days of your relieving. If not paid you will get interest @10 percent. You should demand the gratuity by escalating the matter to the Controlling Authority, Please send an application for recovery of gratuity from the employer immediately.
From India, Kannur
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REQUEST FOR DEDUCTION OF GRATUITY AMOUNT (2).pdf
Security Amount Proof.docx