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DUNDESHKUMAR   15 August 2015

Regarding complaint against company

Dear sir/madam,

I was working in a company of middle scale industry but it is a ISO certified company.
The company is running by single owner management.They are not providing any documents like experience certificate,Relieving letter to any one even by giving resign. Even who have left for the same reason before they still waiting that they will provide including pending payments .Just behaving rude to employees and blackmailing that they will give negative feedback to the company HR who will enquire for background verification.  So its very difficulty to join new companies without Relieving letter and a background verification feedback.Now we are unemployment for this reason. So please requesting you to give best suggestions to teach a best lesson to the culprit  companies. .

Regards
Kumar 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 August 2015

Either of the parties have to follow terms & conditions of the appointment letter. If employee feels injustice, he/she can approach labour commissioner office and submit the grievance. They will enquire and call on both sides for solve the porblem 

Dr J C Vashista (Advocate)     16 August 2015

I agree with the expert's opinion, approach labour commissioner.

Kumar Doab (FIN)     16 August 2015

 

You have posted that:

 

---“They are not providing any documents like experience certificate,Relieving letter to any one even by giving resign. Even who have left for the same reason before they still waiting that they will provide including pending payments ………….Just behaving rude to employees and blackmailing that they will give negative feedback to the company HR who will enquire for background verification…………………….So its very difficulty to join new companies without Relieving letter and a background verification feedback.Now we are unemployment for this reason.”

 

Do you have any evidence of it (audio/visual/witnessed/minuted)? If you have then you have an edge.

All affected employees may join hands and stand as a witness to each other……………………..and either form a union or join a employee’s/trade union e.g. CITU/INTUC/AITUC/BMS etc.

 

All documents e.g. acknowledgment of notice/resignation, acceptance, correct FnF statement showing earned wages/bonus/incentives/reimbursements/leave encashment etc, Payment of FnF dues, Form16 as per correct FnF statement, salary slips of all months, service certificate, relieving letter, NOC/NDC, PF number and a/c slips, ESIC card, I.Card, appointment letter, HR policy/service rules etc mentioned in appointment letter etc have to be provided to all employees.

 

All employees may write (under proper acknowledgment) to appointing authority,MD to supply, all of the documents. 

 

----“I was working in a company of middle scale industry but it is a ISO certified company.”

It is not sufficient information. Whenever you initiate a query you should post:

 

What is this establishment registered as: Commercial,Industrial?

The office /Div. where you are posted is registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after your joining?



Did you record the threats (audio/visual/minuted/witnessed)?


The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?


Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?

 

You should provide full information, pointwise!
 

---- “So its very difficulty to join new companies without Relieving letter and a background verification feedback “

The acknowledgment of notice/resignation, acceptance,  FnF statement showing DOJ/LWD, Form16, salary slips of all months, PF number and a/c slips, ESIC card, I.Card, appointment letter, and your communication in writing to MD, etc can very well be as good as service certificate, relieving letter.

You must inform next employer preferably in writing that you have represented in writing to previous employer many times and can provide any document other than above e.g. service certificate, relieving letter, only upon receipt from previous employer.

 

If there is a BGV get a copy of it from next employer and if any false information is posted in it then you can approach unions, lawyer, lawful authority, courts etc………..

 

In your case it shall be appropriate to proceed further under expert advise of an able labor Law Consultant/Service Matters Lawyer/Law firm.


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