Torchared and not provided reliving letter & experience sal
Dharm
(Querist) 08 October 2015
This query is : Resolved
Dear Sir, Madam
I was worked for 2 years for my company, in the last torchared by BM, also blamed me for bribe, I left the organisation after complaining of my BM to commercial director, I served one month notice period instead of 2 months as per my appointment letter, now company kept my salary of one month notice period as well as not giving releiving letter and exp. Certificate.
Kindly confirm what legal action can I take against my BM and company.
Dharm
(Querist) 08 October 2015
Dear Sir, Madam
I was worked for 2 years for my company, in the last torchared by BM, also blamed me for bribe, I left the organisation after complaining of my BM to commercial director, I served one month notice period instead of 2 months as per my appointment letter, now company kept my salary of one month notice period as well as not giving releiving letter and exp. Certificate.
Kindly confirm what legal action can I take against my BM and company.
malipeddi jaggarao
(Expert) 09 October 2015
Company is right in retaining one month salary as you have not serviced the required two months notice period. As regards relieving and experience certificate, you need to consult the HR Dept., and handover the charge of your desk to a person nominated by HR and ask for relieving certificate. Every company has its own exit policy and you have to follow the same. It is not that simply because you have some differences with your BM, you can skip the policy and quit the organisation without fulfilling the formalities. You are advised to take up the matter with the HR Dept.,initially.
Dharm
(Querist) 09 October 2015
Dear Sir, Management and HR refusing and making excuses that you have not served your notice period we cannot provide you any thing, I asked that you already kept my one month salary, but they are not ready to give any thing.
Kindly help.
Dharm
Rajendra K Goyal
(Expert) 09 October 2015
Send written letters with reminder to top management regarding all your grievances and request for release of payments.
Also send by E-mail also.
If no response, send legal notice.
Kumar Doab
(Expert) 09 October 2015
The company has to supply FnF statement to you computing the notice pay adjustment, earned wages,Bonus,Leave encashment,incentives,reimbursements,all emoluments,all payables etc.....................and final amount payable to you if any.
Service certificate has to be issued to all employees.
Reliving letter signifies that employee has resigned and nothing is due.
You have tendered 30 days notice and due to dispute that was not addressed (as per your query) even by top management....................and in such situation notice period should ideally loose its sanctity.The 30 days notice period should ideally suffice for any handover that employer wants...................... If employer has not asked for it then it is not required.
The HR person is not your employer and is just another employee in the company with job functions to supply FnF statement and process the handover, service certificate etc etc..................
The notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee.............................e.g. Shops and Estbs Act, standing Orders (Certified/Model).............
Your employee's/Trade Union Leaders,able Labor Law consultant/Service matters lawyer/Law Firm specializing in labor-service matters................Inspector appointed under Shops and Estbs Act, ALC in o/o Labor Commissioner (state/central) can confirm that notice period of 60 days is applicable to you or not and may opine that max. notice period applicable in your case is 30 days only.
If you are covered by enactments.................Shops and Estbs Act, standing Orders (Certified/Model)..................then NO labor Office/court of law may agree to enforce notice period of 60 days.............................and apply it for 30 days.
You need to submit properly drafted representation addressed to good offices of appointing authority,MD,Chairman narrating all previous representations.......................and raise your demands...................and ask to supply requisite payouts/documents say within next 7 days by Redg. Post.
If good offices also do not provide relief you can always approach lawful authority,court of law.
Consult your able counsels.
