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nikita   28 December 2016

Forcefull resignation and denial of experience letter

I spent lot of money during my transfer process and thought of claiming everything I have spent because of my transfer. But since I cannot claim the expenses incurred by my husband who was there with me during my transfer process, I thought of including all such expenses as rent by taking receipt from my PG owner and the PG caretaker agreed to it without any hesitation. He gave me the valid receipt for the same. On a personal level, I didn’t feel like doing anything wrong as the money was spent for transfer purpose and the company would have anyway bear such expenses if the company themselves would have arranged for my accommodation. However, when I disclosed this claim to my husband, I realized that my claim can become a serious issue and So, I immediately cancelled my claim. After a week of claim cancellation, I receive a mail for admin asking me to meet HR for clarification. And for this cancelled claim, an action was initiated against me.they called me up for discussion and they forcefully made me submit my resignation by mentally harassed by repeatedly asking the same set of questions again and again. i was dictated my resignation letter by Hr.
Their action was initiated against a cancelled claim which totally defeats the whole purpose of
cancellation. They didn’t pay heed to my explanation or justification and they even didn’t allow me to serve my notice period.
My notice period would have ended in November end after which i was supposed to get my post graduation degree from bits pilani.
But now after my termination, i will not even get my degree for which i have worked hardly and performed excellently for last 4 years.

I made many request for giving me my experience certificate and allow me to complete my degree which i would have completed in next 2 months but all my requests were unheared.
I requested almost my top heads of companies. I was assured that they would do investigation but after a week they came back to me just to know incase i had any proofs of claim cancellation. when i said i dint have any. then after 3-4 days they again came back saying that their action was justified.

then after repeated mails they gave me one month sal and closed my settelement and issued me a testimonial certificate saying i was not an employee but a student.on this basis they denied me the experience certificate as well.
these four years even though acc to them when i was enrolled as an student, i worked like a normal employee abiding to all rules of normal employees (but benefits of only students were given).
i was assigned projects, interacted with clients, company got billing on my name from client.
they presented us (me and many like me whos pursuing this education program from company) as project engineer to the clients.
so in short they were earning revenue from us.
and as far as my knowlegde is there (correct me if i am wrong):
no company can earn revenue from student.
Profession taxex should not be deducted from students.
Form 16 is not for students.

and everywhere they mention as employee id.
now if i am student why are they metion employee id in all their forms sites etc.?
and if i worked as an normal employee being a student as well how can i be denied a experience letter.?
they show our program under CSR in their annual report and enjoy tax benefits from govt.

because of no experience certificate and no degree i am not able to find job in any good company.
I requested through mails but no use.
i had sent legal notice but no use.
now i have approached labour court but i am not sure if this will be beneficial or in my favour.
Please advise.



Learning

 1 Replies

Kumar Doab (FIN)     28 December 2016

It is felt that this query has been discussed earlier.

You claim that you were employee and have documents to establish it.

At the same it is not understood how our study could not be completed due to company?

How is company related with it hampering completion of degree from a premier Instt. Like BITS Pilani?

If company has assured transfer/relocation expenses OR if you are justified to claim it then what is the issue?

If a claim was submitted (probably online) and later canceled then what is the issue?

If you have lodged a claim then why  you don’t  have proof of it?

If claim was canceled then why  you don’t have proof of it?

What was investigated and what was result of investigation?

 

You may redraft our query so as to convey a clear message.

 

It shall be better to sit with a very able counsel specializing in Labor/service matters with all inputs and docs on record and let your counsel opine on merits.


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