service and releiving certificates

Has the company banked her cheque? Does she have acknowledgment of her cheque, resignation letter, and acceptance of her resignation?

She must have reported the work environment related issues to her company (bank).

Companies are expected to have a grievance redressal mechanism for employees and to be sensitive to work environment related issues involving female employees. It is believed that her issues were not addressed properly. It is not clear whether she reported the matter to the concerned employees in HR or grievance redressal staff, in writing or mentioned it as a reason in her resignation letter. She has all the reasons and rights to do so. She can still quote it. If she reported the matter in writing but did not receive any reply, it is serious default of company. She can demand to examine her personnel file. Her superiors/HR might have posted their (adverse) comments and that may be the reason for the studied silence/no response.

Company is under obligation to issue the service or work experience certificate. Company may sit on relieving certificate.

Hope she has submitted all company property under receipt and no issue is pending against her and she has secured another employment and enjoys good rapport in present company.

She can represent to the good office of her appointing authority, MD, Company Secretary, mentioning all incidents in chronological order and that despite all she has as per terms of her appointment letter submitted notice pay vide cheque number........dated..........drawn on bank.........for Rs........and has supplied the same on dated.........vide..........regd.post/courier/in person........on...., however company has till date not supplied her, despite her gentle representations, F&F, form 16,work experience certificate, PF withdrawal/transfer certificate, PF accumulation reports, NOC/NDC, relieving letter etc although company is duty bound to supply in reasonable time of 30 days. Since the concerned offices and officials did not execute their responsibility, she has submitted her gentle representations to the highest and good office of Chairman on dated.........and no reply to her representation has been supplied to her till date. She can ask the good offices to intervene and respond to her within say 15 days in writing by registered post or she shall be at liberty to take up the matter with appropriate forums (which can be social and legal forums, ministries and minister, NGO's, print and electronic media, women cell, courts of law etc at their cost and consequences).

This should help.

Other options can be legal notice, complaint with local office of the labor commissioner.

Dear Kumar,

Thanks for your response in detail.

Sorry for not providing the complete details. My client worked for HDFC Bank as an assistant manager for 2 years after finishing her MBA. There were problems with a certain manager who made lewd remarks and harassed her vide call,smses, conversations. She then complained to the higher authorities who sent a show cause notice to him and when the matter was taken up seriously, he pleaded with her not to spoil his career as he has kids. My client so dropped the matter but couldn't continue working of the mental strain of all this. She then sent her resignation letter to the concerned authority in september, 2009.

She then waited for around 5 months but there was no communication from the bank. The correspondence then started with the Head Office, Mumbai. The head HR was contacted and was appraised of all the facts but there was no response. She again wrote to him in november with no result. She then sent a letter along with a demand draft addressed to the head HR. Neither was the cheque encashed nor returned nor any correspondence from the bank.

Completely frustated she then wrote a letter to the CMD, HDFC Bank detailing the complete story from resignation in March,2011. Till date there is no response.

So, as you suggested should I first send a legal notice. Also HDFC Bank being national level organisation, should I have to Complain to the Central Labour Department.

Kindly advice on this matter.

thanks and regards

sivaram.

Your client has worked with the bank and must be knowing the contact details of the higher management.

Did she drop the complaint in writing?

It is believed that she has highlighted the incidences in her representation and since the issue is sensitive the bank has decided to maintain silence.

It is also believed that she has appraised you of the all incidences and facts.

She may chase the matter and she may send the matter with previous representations as attachment to MD, Aditya Puri aditya.puri@hdfcbank.com,chairman,Company Secretary,Head -HR.

She has been preturbed by the bank and she can decide to mention that HR had issued show cause notice..............and details and to avoid bad publicity for self and company as agood employee (as adived she complied to the advice of superiors) but however during and after the incidence/s she did not get comfortable/amiable/workable  work environment, and she chose to resign.

She complied to to the terms and conditions of her appointment letter ( if she has.Kindly compare) however despite all that she faced during her employment and despite having complied to terms of appointment company has been maintaining studied silence and even the highest and good offices have maintained studied silence, (which is construed as an indicator that all this is willful and intentional and aimed at disturbing her).

KIndly help her to draft her represntations.

If there is no response she can lodge  complaint with the local office of labor commissioner.She can send legal notice.

Website of Minstry of labour has mentioned the contact details to lodge grievance.

All depends upon what is her decision and what is in the records.

Hi All,

I would to bring to your notice on of the cases, where I need help. One of my friends is working with an ITES company in delhi, and is facing issues for getting relieved from the company. In this company, resignation are to done online by the employee, earlier they have the option to choose the relieving date as per his convinience, now from april 2011, company has mande certain changes in that internal portal & now by default the relieving date reflect the entire notice period for all the employees. 

So now every employee here is forced to serve the notice period except medical exigency. So if some one gets any job anywhere else he has to resign & wait for the complete 2 months to get the relieving & by that time, the other compnay also withdraws its offer. This matter has been reported to the HR head, & the reply which has been received that, that notice for 60 days has been mentioned in the offer letter & any exception to this could be given by the operations. However, operations is not in mood to relieve any one before the 60 days period. 

In this way this company has made everyone almost a bonded labour & no one is there to take care of this. is there any law, or any department in govt. of India where these employees could plead for justice to stop this continous harassment. This compnay is playing with the careers of hundreds of its employees.

regards

Siddharth Singh