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Deepak kumar   07 November 2016

Problems with previous employer

I was working in a pvt Ltd company in Pune since April 2014. The company is a service provider for safety testing of electrical and electronic items. They had a 3 years bond signed by me which was of 1lac rupees. They also took my original documents. In November 2015 they sent me to their sister unit in new Delhi for some work and told me that they are planning to permanently transfer me later. They finally transferred me in February 2015. At the new office I started having some serious issues with the management which didn't seem to be resolved so I decided to resign. I got selected in another company and finally resigned. The new employer asked for acceptance of resignation, relieving letter, experience letter, salary slip. So still in my notice period, I asked the same to HR. But they denied everything saying paperwork of your transfer is not done hence you're not an employee of this company so we cannot accept the resignation. So I contacted Pune office, they told that you've been transferred to Delhi so we can't accept your resignation. So I emailed the resignation letter to both offices. I felt that they are doing the same thing in providing other documents also even though I was ready to pay the bond amount. They hadn't provided me salary slip since November 2015 and salary since March 2016. I resigned in April with one month notice period. Having failed in getting the required documents I fabricated a salary slip in which I mentioned an increased amount (since April was annual increment month so I mentioned the amount which I was supposed to get after the increment) and submitted it to the new company. About the other documents I somehow convinced them to submit later. Within a month of joining the new company, they sent an enquiry to my previous company and found that the salary slip was fake, so I had to face some consequences, which I deserved. But now the matter is solved here. But my ex employer still have my original documents and I have tried to contact them so many times, saying that I will pay the bond amount, release my documents. But they are ignoring my emails and calls. One day I succeeded to talk to HR and he asked me to come to Pune for final settlement so I asked him to provide me an email stating that the settlement process will be over in 1-2 days so I won't have to be absent from the current work for long, but he refused. I feel that all they want is harass me. Also threatened to take action against me for making a fake salary slip in the company's name. Please guide me, what should I do? Thank you.


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 5 Replies

KS Johal   07 November 2016

You need to visit your ex employer and see what they have to say rather than hypothetically thinking that they will harass you. They are within their right to take action against you for making a fake salary slip using their company name. The only way you will find out if they will return your original documents if to visit. This will also be evidential if they harass you, thus making your case even stronger. My advice to you is to wait a little longer until after your visit. Otherwise if you applied for your documents via the courts then there is a likelihood that the judge may also ask you whether you have communicated with your ex employer or not. Your ex employer will emphasise to the court that they had invited you to visit the company and that they were going to hand over your original documents to you in person. By visiting your ex employer you will be able to explain as to why you have fabricated a slip in the company's name.

Kumar Doab (FIN)     07 November 2016

You have posted that:

---"But now the matter is solved here. "

Apparently your current employer has retained you in employment.

---"Also threatened to take action against me for making a fake salary slip in the company's name. "

 

He needs to have his company's approval to initiate proceedings against you.

 

---" One day I succeeded to talk to HR and he asked me to come to Pune for final settlement so I asked him to provide me an email stating that the settlement process will be over in 1-2 days so I won't have to be absent from the current work for long, but he refused."

 

He can not.

He should agree to send a written cpommunication.

He must not ask you to come to Pune.

He can process your FnF and send the docs and payment to your current address.

He is aware of transfer to sister concern.

 

---"In November 2015 they sent me to their sister unit in new Delhi for some work and told me that they are planning to permanently transfer me later. They finally transferred me in February 2015."

 

 

Were you isued with any written communication for transfer/deputation?

Is it stated in appointment letter/service rules that you can be transferred to any office/sister concern etc?

 

Rest:

Your original certificates are your property and company/employer has no lien on it.

Bond:It was drafted in lieu of what extar ordinary benefits to you;say some certified training from some certified Instt?

You must ask to supply all salary slips and salary of all months, acknowledgment and acceptace of resignation, correct FnF statement showing all paybles e.g; earned wages/incentives/bonus/leave encashment/notice pay etc etc,Form16 as per correct FnF statement,PF a/c slips of each year, service certificate,relieving letter  etc etc...... .

 

Are you a member of employee's/trade unions?

 

Have you consulted a very able counsel specializing in labor/service matters.

 

 

 

 

 

 

adv.bharat @ PUNE (Lawyer)     07 November 2016

Author need to explain the query raised by expert.

Deepak kumar   08 November 2016

Dear experts, Thank you for your valuable replies. I will now explain the query raised by you. First of all I want to explain that HR is not able (but allegedly authorised) to take even a small decision in that organisation without consulting top management (the owner). So whatever things HR told me is the word of the owner. And yes it is stated in the rules that I can be transferred to a sister unit. And they transferred me saying that the paperwork will be completed soon after you reach there but it wasn't even in two months despite I asked several times. They had paid me all whatever I had due in the Pune office but no transfer letter or any other letter. Im not a member of employees trade union or haven't consulted anyone. Im also ready to pay there bond money even if I had to leave the company for their mismanagement. What should I do please guide me. For two years I had been serving the company selflessly with a good reputation. From the day of my resignation I had been going whatever way they wanted me to. Should I still follow what they want even if I feel they are now knocking my tolerance limit? Can they really file a case against me for fabricating a salary slip? Will it be a good decision if I decide to challenge them legally?

Deepak kumar   08 November 2016

And in the bond it is stated that if a leave before three years an amount of Rs. 100000 will be taken from me in the name of training but I wasn't provided any training from any certified institution except in-house training.

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