Hope you shall take it positively! The purpose is to help and support you.
You are a HR person and is expected to and ought to be properly informed.
It is strange way of acting in such matter by a HR person!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time, before and after your resignations?
Did you record the forced extraction of notice period (audio/visual/minuted/witnessed)? Do you have any evidence of it?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state (although you have mentioned in Chennai; Tamilnadu, post full details)?
What was your exact designation as per appointment letter and nature of duties?
How many persons were reporting to you?
Did you have power to sanction leave/increment/appoint/terminate?
You have worked for 1year and 4 months!
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16,group Insurance/mediclaim policy given to you?
What is the notice period inserted in your appointment letter?
Did you mention NO tasks are pending at your end and to whom you should handover the charge?
Do you have copy of Doctor’s prescripttion, lab. Report confirming Jaundice and medical certificate issued by doctor advising bed rest?
Do you have any evidence of being called from sickness/confinement to bed and forced to work, everyday thereafter? If yes this shall be evidence in your hands to prove offence.
Do you have Doctor’s prescripttion, lab. Report confirming Jaundice and medical certificate issued by doctor, confirming deterioration of health? Thereafter did the employer pay you medical bills? See you contracted sickness (deteriorated) at workplace and employee needs to pay! Do you have all the bills starting from contracting jaundice for the first time?
Do you have any evidence of being asked to work for 10-12 hrs/day e.g. SMS/Whatsapp/call recordings/emails/project reports sent late in evening/attendance register/security heck register at reception/etc etc? If yes lodge OT claim @double wages and claim that these were never paid despite being asked in office.
Are you a member of any employee’s/Trade Unions?
Have you consulted a lawyer and what is your lawyer's opinion?
You have posted that;
---“We have an policy and bond stating that a person who does not completing two years of service want to resign the job will get a termination letter not a relieving letter.”
It is a stupid policy! Is it in writing?
Did you sign a Bond? Do you have a copy?
The Bond is crafted in lieu of what extra ordinary favor by employer e.g. some certified training from some certified Instt? If NO then your lawyer may opine that this Bond is unconscionable, VOID,illegal.
---“So I told them that I would like to resign immediately to take care of my helath so according to the policy I asked them to terminate me.
They gave me some options like non-paid leaves and then rejoin us. Since i am not happy with them I had not accepted any of their offer. I left the company a day after dropping a resignation. I had submitted all the company properties too.
After a week they send me a termination letter mentioning wrong statement about me like misconduct, Unprofessionalism (Can they mention anything they want in a termination letter). I resend the letter to them and asked them to mention the exact reason for my termination.
Also they holded my last month salary. After two months I went and requested my Last month salary and my resignation letter. They told company is going to take some legal action on me for leaving the project in between incurred a loss to the company. There were so many people worked in that project. I had reported to 5 people who are still working in the company. They rejected my request on paying my last month salary. They even not signed my EPF withdrawal forms.
Now they sent me a letter mentioning the comapany suffered a loss of money and they told that I need to give some amount of money in loss. They deducted my last month salary in that and asked me to provide the remaining money with in next month last date. It is not a legal notice It is just a letter from comapny letter head.
Please give me a advice on the above issue.
I would like to get my Last month salary and the termination letter with exact reason. Also would like the avoid paying the company loss.”
If you wanted termination order then why did you resign? The forced work, OT without pay, forced work during sickness etc was sufficient to term ‘Employer’ as unfit and unworthy and liberate from even Bond.
Did you mention all complaints narrated in your query in resignation or subsequent communications? You should have. Did you tender notice of resignation or resignation with immediate effect?
Did you keep a copy of the termination letter sent back by you? There was no need to do so!
Do you have proof dispatch,POD or acknowledgment of having submitted PF withdrawal forms?
The employer has to attest the forms and submit to concerned PF office within 5days and supply the acknowledgment issued by PF office (for employee) by effective mode of communication. You may demand it by redg. Post only.
The declinature to attest PF forms is cognizable offence and there shall be severe punishment to employer. Do you have any evidence that they have refused to attest to you? You can lodge complaint preferably in person by letter under proper acknowledgment thru RPFC in nearest PF office.
You may reply pointwise to each point!
