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rama e. k. s (engineer)     18 March 2016

Experience and reliving letter not provided by company

Hi,

I was working in a MNC and i submitted my resignation (email) copying immediate manager and HR. The same was accepted and i was given a LWD from the manager end. I was serving my notice period and after a month of serving my notice period i did not get my salary. When contacted the HR they said they wont pay during notice period and the accumalted amount will be paid on the LWD. I'm being the only earner of the family sent a email to HR stating that it will be difficult for me to pay my rent and run my family without salary and told her that, holding of salary during notice period was not mentioned in the offer letter and also HR, manager did not inform me about holding the salary when i submitted my resignation. After seeing my mail, HR and MD told me that my email was so unprofessional and they dont care of my personal problems and they cannot pay my salary. MD was too harsh and said if he wish he will throw money on my face as money is not important to him. After hearing all this. I sent a email asking sorry for sending a unprofessional email and said after so much of insult from MD and HR i wont be able to continue with the company and sent a mail askimg them to consider that day as my LWD and said i will pay the company for the remaining days that i didnt serve the notice period (18 days). After seeing the email, HR or MD didnt reply to mail but immediatelt released my salary. I left the company and after one week sent a mail to HR asking her to let me know when i can go and collect my employment related documents (exp letter etc). She gave me a date and unfortunately due to my wife's medical emergency i was unable to go but i sent a mail to her saying i wont be able to meet them that day and asked her to let me know an other date on which i can meet her for collecting documents. She did not reply there after. I waited for a week's time and i was also busy with my new work (i had to go to bangalore from mumbai every week) so could not contact her further. I moved to Doha in june 2015. Now im outside India and i sent a email to HR asking her to provide FNF details and also to let me know how much i owe to company ( notice period that i didnt serve). She is not replying to any of my emails and when i called her she is talking in rush and not answering well. She is simply saying come and meet me in person. It is very difficult for me to travel to India. Can i ask her to send my employment documents through speed post and can i pay her my dues and ask her to provide me the doucments? She is not replying and im sure she will not provide me the documents. Is it necessary to go in person and collect it only? 

When i called her, she said i was absconding . but, i submitted resignation letter, served notice period and left after informing her through email. Will i still be counted as absconding. 

Please help me and advice what to do in this case.

 



Learning

 2 Replies

Kumar Doab (FIN)     17 April 2016

You have erred.

You could have recorded the meeting/ calls (audio/visual/minuted/witnessed). 

You were not wrong in asking for salary on usual/due date and hence you were not expected to aplogize for wrong actions and unprofessional/derogatory language of employer.

 

You could have in gentle words protested towards insulting language/statements of MD etc.

 

 

However you alone would know what was writen by you.

 

If you have duly tenderede notice of resignation/final resignation and kept everyone informed, then you have not absconded. 

 

You may deny the charge of abscondment levelled (for the first time since dated...........of your LWD) on dated/time..................verbally, by Mr/Ms........ during phone call made by you from phone number/at phone number and invite attention to written communications sent by you and askt to call back it back and erase from internal records too.

 

The acknowledgment of notice/final resignation, acceptance, FnF statement, FnF dues (leave encashment/bonus/wages/OT, reimbursments etc), Form16, service certificate, relieving letter,PF number and a/c slips, ESIC card etc be supplied by Redg/speed post at last knwon address or address supplied by you within say...........................next 7 days.

 

Address your communications to good offices of appointing authority,MD,Chairman. 

 

Kumar Doab (FIN)     17 April 2016

Post such queries under  Labour & Service Law


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