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Anup (Buyer)     08 December 2014

Cheated by company

HI,

I worked with my ex company for 4 years, during these years, they didnt promote, paid me less salary and there was a lot of politics. which I am okay with, recently I got an offer from another company, I served two weeks of my resignation. 

Ideally the notice is 30 days, but as per my offer letter I am entitled to leave early pay the remainder compensation as a buy out. My resignation was accepted, but the company did not conduct my exit interview, they wanted me to pay them for a USA trip. I was shocked. I asked them why as this was a business trip. they then said that they want me pay to collect my relieveing documents and my offer letter. I told them that i did not sign a bond or a contract regarding me paying for the USA trip and not to play games and give me what is rightfully mine. 

They later sent me a relieveing notice stating I was terminated, since I was absconding. I never absconded, when I asked, the HR told me that they stated absconding only because i didnt serve two weeks and in their book of law its considered absconding. This is not fair, can someone please help me out? 

Shall I take legal action against them? How much will it cost me and how long will it take for me to get my relieveing documents? Please advise? 

regards, 

A



Learning

 3 Replies

ROHIT SHARMA (Legal Advisor )     08 December 2014

1. You do not have to pay for the U.S.A. trip. That was for your company's official work.

2. Your issue is that you are aggrieved because they have given a reliving letter stating that your services have been terminated.

3. Since you have no claims for any pending dues then such issue need not bother you so much.

4. The fact that your resignation was accepted with your buy out the notice period then the company's inference that you were deemed to be an absconder for the two weeks of buy out  period is preposterous decision.

5. You can file a civil suit u/s 19 of Civil Procedure Code, 1908 seeking compensation for the civil wrong of imputing the title of an absconder which is detrimental to your personal professional  career.

mamtha (Sr. Executive - HR)     08 December 2014

Hi,

 

The gratuity is deducted from my CTC and it is not shown in my payslip also.

 

Is this right.

 

Regards

Mamtha

Kumar Doab (FIN)     09 December 2014

The HR book for use by HR personnel is not law of the land...... Since HR personnel has to abide by rules that employer has framed for HR ....you may not get any relief from HR...HENCE there's no point in remaining entangled with HR.....and you should represent to good offices of appointing authority, MD,Chairman.... The verbal transactions are not on record and,are difficult to prove..... HENCE manage to record(audiovisual) and minute... You need to contest alleged abscondment, termination notice based on contentions of HR and evidence can help you..... Approach an able labor law consultant /service matters lawyer with copies of job advt, job application, interview call letter, selection letter,offer letter, appointment letter, HR Policy/service rules and regulations stated in appointment letter, audiovisual record showing statement of HR, relieving/termination order, all communication pertaining to business trip to USA ,,,and other relevant communication.....and also the standing orders(certified/model) applicable to establishment.... Your lawyer may opine that you can be covered by the definition of 'Workman' as in ID Act, 'Employee' as in Shops and Commercial Establishment Act and can approach the Inspector appointed under these Acts....and seek relief.... Falsification of record is offence and all documents that substantiate the claim of HR shall have to be produced as these are evidence and case document..... Concealment of evidence from court can be termed offence/fraud with court.... Employees Union's/trade unions can also help....

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