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Nitin   02 May 2017

Reliving and due stopped by employer

Hi Fourum Members

I am here to seek legal advice. Its regarding the releving letter and other dues which my wife's previous employer is not releasing.I am narrating the complete case and current situation.

My wife has to leave her job as I was getting relocated. During her last of couple of days when she was forwarding some documents from desktop to her personal e-mail which are relevant to her for eg. her salary slips etc, by mistake she forwarded some client related data of employer also. She was not aware of this til we got shocked when recieved a legal notice stating the same and asking for unconditional sorry and delete those documents in any form. Since the matter was reported by IT department of organzition with proof, there was no point in denying that the mistake has happened  and we sent unconditional sorry to employer.

We were expecting that post all this company will release all dues and releving letter but it is already 10 months and they are not doing the same even after regular follow-ups.

In the absence of releving letter, my wife is not able to join any other organzition and support me finacially.

Request forum members to guide the correct channel to go legal agsinst the employer. Whether it should be through labour commissioner or a suit in civil court.

Regards



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 May 2017

If the company has an arbitration process (check your appointment on Termination Clause), then check who the arbitrator is and seek to resolve this issue through him. For this, you have to send the company a formal notice, after noting the details of the arbitrator. You will inform the company to present themselves before the arbitrator. Usually an arbitration process is faster that a court process and is considered as an accepted legal respite for issues with employees / company. Try to represent yourself without using a lawyer. This gives you an edge on grounds of sympathy.

The final resort is through labor court. The procedure is time consuming. But Labor courts are very effective and usually companies will not want to mess with them.

Let me remind you, the most simplest and effective method is to try and talk your company into relieving you and leave them on a good note.

1 Like

Nitin   03 May 2017

Hello Mr Rachakonda

 

Thank you very much for you wise advise. We have been trying  to talk to the organization from last 10 -11 months and from past couple of months they have even stopped responding on phone/e-mail.  We also sent a formal legal notice to them but still no response

That was the reason I posted my case on this forum.

 

Regards

 

Nitin   03 May 2017

Hello Mr Rachakonda

 

Thank you very much for you wise advise. We have been trying  to talk to the organization from last 10 -11 months and from past couple of months they have even stopped responding on phone/e-mail.  We also sent a formal legal notice to them but still no response

That was the reason I posted my case on this forum.

 

Regards

 

Kumar Doab (FIN)     06 May 2017

Her appointment letter, copy/POD of notice and final resignation, acknowledgment of notice and final resignation, acceptance of resignation, FnF statement, service certificate, salary slips of all months, Form16, PF a/c slips, etc etc can be as good as Service certificate/Relieving letter.

 

Hope you have got all of these?

Kumar Doab (FIN)     06 May 2017

Service Certificate should be issued to all employees.

The employer has accepted her resignation or not?

Has it issued FnF statement, service certificate or not?

Relieving letter signifies that employee has separated and nothing is due against employee.

Hope employer has not claimed any loss/damages so far.

Hope you have mentioned while tendering so called ‘Unconditional Aplology’ that it was inadvertently.

Kumar Doab (FIN)     06 May 2017

Either employer/ HR personnel/Line Managers wants her to forgo FnF dues and remain satisfied with service certificate/relieving letter.

Or it does not agree to issue any such document.

If there is NO response from HR personnel, Line Managers, approach good offices of appointing Authority, MD/CEO.

You can even try by meeting them and resolving the matter on the spot.

In case of dispute the jurisdiction of courts may also be an issue. So you may consider this aspect and expenses as well.

 

Kumar Doab (FIN)     06 May 2017

Another Prespective: The said document service certificate/relieving letter is required to remain employable.

Therefore FnF dues and service certificate/relieving letter:

Take help of a very able counsel of unshakable repute and integrity at your location specializing in Labor/service matters and he/she can opine the appropriate forum for her

Female IT employee’s unions/ IT employee’s unions /Trade Unions,

Higher officials of Dept. of Labor,

Inspector appointed under Shops & Estbs Act,

Inspector appointed under Payment of Wages Act,

O/o Labor commissioner,

Civil Courts………………

If there is arbitration calsue, check what does it cover?

Nitin   18 May 2017

Hello Mr Doab

Neither Relieving letter, nor FNF is provided.

Regards

 

Kumar Doab (FIN)     18 May 2017

Take help of a very able counsel of unshakable repute and integrity at your location specializing in Labor/service matters and show all communicatins on record so that your counsel can cover the loopholes if any left by you and he/she can opine the appropriate forum for her…………

Kumar Doab (FIN)     18 May 2017

Unions can also help and support. 


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