Respected Seniors,

   This is Balraj, I was working in a software company Which is located in madurai (Tamilnadu),, Our office timings was 9.30 to 6.30, But I and my collegues were working till late night (Upto 11PM or some days upto 2 or 3 AM). One day I refused to take task after 8.30PM, And Left the office on that day, Next day I had meeting with my company management, In that meeting I told to them that i was feeling very tired so i left Earlier, But they didn't listen my words they terminated me immediately and pushed me out suddenly, The didnt give permisson to send mail to HR about my resignation. then they told that they will give my experience cerificate after some days, I was call them for past 1 month But today they told "We wont give Certificates to you, Whatever u can do, Can do, Wherever you can go you go, But we wont give you " like that.

Now i don't know what to do. I am jobless now, I got selected in 2 Companies after left there, But can't join without Relieving order.

Please Help me to get my certificates from my old company.

Thanks and Regards,

Balraj

Valuable advice of learned experts/members is sought.

It is felt that you must approach a seasoned, experienced, competent, and smart service lawyer/labor consultant well versed with nuances of service matters pertaining to your industry and a prominent criminal lawyer. Is your company is SME? What is the strength of employees? Shall it fall under the preview of SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT (As recommended by the Second National Commission for Labour).

The conduct of employer is bad. You should have lodged a complaint with Labor Office at once and also with Inspector under SE act, along with police complaint for pushing you out of the office. This employer is stating that no dues and documents shall be provided. Employee should record such transactions (audio/visual) and keep some evidence/witness. Approach then again and collect the evidence. You need some handle on this employer .If you are subdued neither you shall be able to procure your dues nor you shall be able to muster courage to litigate.

One employee has succeeded in getting termination order revoked under SE Act.

State of Tamilnadu has granted lot of administrative incentives to your sector some which are given below.

However you may go thru publication:

“karntaka now applicability of standing order to it industries  “

Stating Karnataka has done away with Applicability of Standing order to IT Industries:

This should give relief to employees who have/have suffered at the hands of unscrupulous employers. Now employees and hence big vote bank in other states should push their state governments to do away the same or many of the fellow countrymen shall continue to suffer.

Kindly check the latest status with Dept. of Labor. It might have been done or be in the pipeline. We wish that the administrative incentives are done away. These unscrupulous employers are worse than “ Lala Ki Dukan” or a ‘Sahukar.”

http://www.tn.gov.in/documents/policies/it-initiatives.htm

IT initiatives in Tamil Nadu

Information and Communication Technology (ICT) Policy - 2008  [English]  [Tamil]

1. Anytime / Anywhere Land Records e-Services

Software companies (including services and training) in Tamil Nadu are assured of uninterrupted power supply, and exempted from Pollution Control regulations, Factories Act and Chapter II of the Tamil Nadu Shops & Establishment Act. 

However Section: 41 Notice of Dismissal applies and is not exempted.

You may also go thru Chapter VII : Wages.

http://www.tn.gov.in/gorders/IT/it-e-18-2004.htm

ABSTRACT

Information Technology – IT Policy of Tamil Nadu 2002 - Date of effect of IT Policy - Orders issued.

Information Technology Department

G.O.Ms. No.18
Dated: 05.11.2004

ICT Policy 2008:

Administrative Incentives

·         All software industries will be exempted from the purview of Tamil Nadu Pollution Control Act.

·         Exemption from the provisions of Chapter II & III of the Tamil Nadu Shops and Establishments Act will be granted for IT Companies.

·         IT companies will be exempted from the provisions of Rule 6A and Rule 7 of the Tamil Nadu Industrial Establishments

·         IT Companies will be permitted to self certify that they are maintaining the registers and forms as contemplated under certain Labour Acts.

ICT Policy 2002:

6.1.2 Administrative Incentives:

iii) if the company want employees to work on national or festival holidays  it has to send notice in form 6A to Inspector.

This clause has not been described hence included in ICT policy 2002.

These policies could not be attached due to some technical glitch however you can download from labor website given above

“karntaka now applicability of standing order to it industries  “Stating Karnataka has done away with Applicability of Standing order to IT Industries, is attached.

ICT policy 2002,2008 is attached.

SE act Tamilnadu has already been attched.

However you may obtain the latest versions from respective labor websites , or its office, or from market.

Your lawyer may already have it.

Kindly read "This clause has not been described hence included in ICT policy 2002." as

"This clause has not been described hence included in ICT policy 2008."

Hi Kumar Doab,

     I thank u for vauable advice.

My Company details are here.

  Company Name is ****** technologies PVT ltd,

  Employee Strength of that company is 100+,

 and they deducted EPF from my salary also.

Evidences I have are.

 Recorderd audio through Phone call which i had conversations with management and HR.

Once Again I thank you very much, and i will wait for your reply for this message

--- Thanks,

    Balraj

It is felt that you must approach a seasoned, experienced, competent, and smart service lawyer/labor consultant well versed with nuances of service matters pertaining to your industry and a prominent criminal lawyer, with all records and evidences you have, and give inputs in person. Let your lawyer examine and evaluate the merit. Your lawyer may prefer to issue a legal notice.

You might have gone thru the attachment termination revoked under SE Act. The company employees had to appear in police station. You may succeed in extracting a written apology. You may also become member of a registered trade union and seek support. It is high time that state of Tamilnadu like state of Karnataka also does away with Applicability of Standing order to IT Industries. You must discuss the matter with elders in the family, competent and experienced well wishers and obtain their wise advice also.

Request the good offices of your appointing authority to let you examine your personnel file. In all probabilities company shall maintain studied silence. However this shall come handy at appropriate time in appropriate forum.

If you have the attendance record and prove that you were asked to put in extra hours and you clocked extra hours you may succeed. Employer may claim employee was not at a position which was eligible for OT however if employee is properly informed and is under the wings of an experienced, competent, well informed, smart counsel  the effort may lead to exposure and revelation benefiting many fellow employees who might have been eligible for the OT.

Your lawyer shall be able to assess that you fall within the category of workman or not. Designation alone does not decide employee is a workman or not. Companies do assign fancy designation and strive to convince the employee he/she is executive and not workman as many enactments favor workman and limit the options to employer.