RINKU 05 October 2016

Forcefully resigned from company

Dear Sir,

I am employed in HCL technologies (MNC). I have cleared some rounds of interview to get placed here. At the starting stage when the concerned HR person offered me to join here. And I was awared the tuff verification process of BGV(Background Verification) I Intimate him that first they finish BGV process and after successful clearance I would be able to join the organization. after some days they agreed and confirmed me that you may join now as the BGV process has been completed. After joining here I was working well here but after some time I got intemated that my BGV process has failed due to miss communication of my first company because it was not currently in running stage. and BGV has been cleared for rest of 2 companies out of total 3 companies. They Intemate me to submit some additional documents which I dont have at that time. and could not be able to provide all the required documents because company has already been closed its functioning. But I have provided some documents as well as company director contact information. after that he verified me as an employee with their organization to BGV team more than 2 times. As I was not able to provide some additional documents like salary slips, form16 and bank statements. because all the salary i got there in cash which I already metioned to BGV team. but after 7 month of service in current company they finally declined my Offer and want me to leave job forcefully. when I questioned to HR she intemate me my company is not valid. but I have already provided company registration information and company owner PAN details already. they finally rejected my joining. and intemate me to resign from my current position forcefully with 15 days notice period while company apply 3 month notice period to another employees. even not getting proper compansation from company side. So please suggest me better way how can I handle the situation.

Thanks

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3 Replies

Kumar Doab (FIN) 05 October 2016

You posted the query properly.

Is the forced resignation in writign or verbally?

Do you have any evidence ( audio/visual/witnessed/minuted)?

Narrate such facts properly ( mention names/dates/brief minutes) and submit in writing to good offices of appointing authortity, MD, Chairman.....................and claim forced resignation..........

Last employer has already, confirmed twice. Check if he had entered your name in various registers that are submitted under Shops & Estbs Rules and get a copy.

Salary slip,Form16, bank statement are not genberated by employee and are not in control of emplyee.

Employee can supply only if employer has supplied.

You may approach a very able counsel specializing in Labor/Service matter.

Your counsel may opine that you can approach;

Inspector appointed under Shops & Estbs, ID Act, against both past and current employer , if you are covered by the def. of 'Employe', 'workman' as in th Acts

Inspector appointed under Payment of Wages Act, that does not discriminate between 'Workman' and 'Non Workman'.

Civil Courts

The IT/ITeS employee's unions/Trade Unions can support you.

jyotirmaya behera (advocate) 06 October 2016

You are working in a private company may be that MNC. All the private company matter come to the industrial tribunal for the adjudication. You contact with a service lawyer who can guide you very well along with your all the document.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294