The Old Joel on Software Forum: Part 4 (of 5)

Free legal advise

For salary and employment related matters. I guess it'd be the consumer Protection Act. Any site?

My sis joined GE call center in Gurgaon (close to Delhi) in October/November 2003, and after 2 days of going, she wasn't interested because of the odd timing, so she asked the HR if they had another process in the morning sometime. They asked her to wait.

Since then there was no word, then just a few days ago, she got a call from the HR contending my sister had been receiving salary from GE. We were clueless about what she said so we checked the bank account they'd opened for my sis. There was a credit of 1 month salary of January 2004, which was GE's mistake. We even did not know about it. In fact, all the time we got letters from the bank saying there was no money in the newly opened account for so many months, and asking what the matter was. The bank kept luring us to opt for their schemes.

On checking with the bank about the 1 month salary, my sis called GE and told the HR about the credit. The HR asked my sis to wait until she called her back.

Just yesterday, we got some legal shit from GE saying we had been getting salary from November 2003 and not telling them.

I want to know what legal stand we have. This is not only a lie but it is also very embarrasing and has caused us enough worry. We did not know nothing, GE hr calls my sis in Feb 1st week to find out if we've been receiving salary also contending we've been doing so from November 2003. We check with the bank, there is a 1 month credit towards salary of January 2004, we call back and tell the GE folks about it. The HR says, "alright, are you still interested in the job, you did not even put up a resignation". My sis clearly told her repeatedly that she was interested in continuing if they could put her in another shift. The HR tells us to hold on. Then they send these legal papers only 3 to 4 days letter.

What recourse do I have? Where can I seek legal help on the Net for free? I am also planning to talk to the GE guys about this openly but my sis and my mom are going out of town, down south of india for a few days.

A regular poster to this forum
Saturday, February 14, 2004

>> GE call center in Gurgaon (close to Delhi)

The dark side of offshoring...

JOS is international. A response from the US or Europe will be meaningless. You need local legal resources in India.

Bored Bystander
Saturday, February 14, 2004

yeah, I'd be doing that BB. just a rant: the lawyers down here are not that sophisticated and knowledgeable, so it seems to me and those that are, are not easily within reach. Three of them I know would have cleared their exams by fluke or by reading a few champion guides overnight. The judiciary along with the police here are as corrupt as one can imagine.

Yet, there'll be some good local advise I should be able to find over the Net. I used to see one learned gentleman of a lawyer on the National Television Network (Doordarshan) some years ago. May be, I'll try and seek his advise if I can spot him.

A regular poster to this forum
Saturday, February 14, 2004

They've cocked up. what do the legal letters say. What do you want.

The problem with a good lawyer is that he will cost you maybe 5,000 rupees (taking Sri Lanka costs as a yardstick), which would be a fair proportion of the money in dispute.

First tell us what they are demanding, and then decide what you want. Your explanation is much too vague at present.

Stephen Jones
Saturday, February 14, 2004

What's the big deal? If they auto-deposited money into an account just get them to agree that it was their mistake and give back the money.

huh?
Saturday, February 14, 2004

IANAL, but I'd say if they're stupid enough to pay you the money, keep it.

Now a few weeks ago my job overpaid me by 16 hours and I _did_ tell them. That's because (a) I wanted to be honest about it, and (b) I figured they'd catch it sooner or later, and I didn't want to count on money that wasn't mine.

But if a company I'd only worked for a couple days was (a) stupid enough not to notice I hadn't been at work for a month, and (b) rude enough to send me the kind of legal crap they seem to have sent you, instead of calling and politely saying, "Oops, we screwed up," then I'd withdraw it in cash or put it in a new account and let it be _their_ problem to get it back.

Kyralessa
Saturday, February 14, 2004

Try a call centre union. Find one by asking the Centre for Indian Trade Unions (CITU).

http://citu.org.in/Defaulta.htm

Don't tolerate abuse
Saturday, February 14, 2004

Bharatiya Mazdoor Sangh:
http://www.bms.org.in/home.htm

Your government's labour department:
http://www.labour.nic.in/

Don't tolerate abuse
Saturday, February 14, 2004

Pay back the money. Write a letter saying "Thanks, but no, thank you" and if you are a developer/programmer send a quotation for debugging and/or re-designing their ERP Software by registered post.

I'm serious. They'll leave you alone.

Regards

KayJay

Inidan Developer in India
Sunday, February 15, 2004

Hi KJ,

That sounds like a great idea. We have no intentions of keeping the money. I'll write back to them via registered post.

But I also wanted to bring to their notice, the hidden costs associated with this incident, the mental trauma that me and my family has had to go through for nothing. I *wishshshsh* I could haul them up for some punitive damages and for wrongful accusation.

A regular poster to this forum
Monday, February 16, 2004

I too wish so! But, alas! we live in India. Not possible. Even with a MNC, 'cause their HR/Legal fellows will be local and you know what, as a son of a Lawyer and the nephew of another, stay away from suing in India if you do not have money to burn.

Just CYA (hence the registered post) and be polite. Perhaps a little bravado - "I know what I am talking about" - will help in putting them on the defensive.

Thats about all that can be done. Sorry!

Regards

KayJay

Inidan Developer in India
Monday, February 16, 2004

Thanks, DTA, for the links. I'll try getting help there, but I am not hopeful.

Thanks to all the guys who posted replies here.

A regular poster to this forum
Monday, February 16, 2004

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A.Jahir Hussain
Sunday, June 13, 2004