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Shivam (none)     17 September 2014

Termimated due to my mistake can i get exp or relvg letter

Dear Sir/Mam,

I was working with an indian entity of an international germany based company in jaipur for about 4 years. I made a mistake of using some of company's employee email data for email marketing purposes for earning some affiliated commissions. I wasn't really sure about the right or wrong of this activity nor i knew it can become a compliance issue. This email was traced by company IT and reported to HR. I was asked to go on garden leave while they complete their investigations. I gave written apologies and requested for forgiveness and another chance to prove my best interests in the company. However my plea fell on deaf ears. I was not only terminated but a case was also filed against me in court to find out whether i had shared the email data with anyone else which i hadn't and the case is being fought in the court.

Meanwhile it has become utmost difficult for me to find a job since no one wants to hire a terminated employee. Everyone asks for a relieving or experience letter from my last company which i do not have. I have tried to contact the hr department of my last company requesting for an experience certificate but they have completely denied from providing me that letter.

Please advise me that what are my options to be able to come back on track and be able to find a job again and earn my livelihood which is currently denied by my last company where i loved working the most. Please, please help me.



Learning

 8 Replies

Kumar Doab (FIN)     17 September 2014

 

1.     You acted on your own without consulting any one e.g. elders in the family and by sheer greed committed transgression and company has treated as fraud.

2.     You once again acted on your own without consulting any one e.g. elders in the family, and your lawyer and submitted admission and apology.

3.     The company has terminated your employment and is under obligation to supply you the service certificate on the day of termination.

Refer Model Standing Orders: Sec16

4.     You may be covered by the def. of ‘Workman’ as in ID Act, ‘Employee’ as in Rajasthan Shops and Commercial Establishments Act and should under the guidance of a competent and experienced Labor Law Consultant/Service Lawyer……………… approach;

Labor Inspector in O/O Labor Commissioner (State/Central) as per appropriate Govt in your case

 

Inspector under Rajasthan Shops and Commercial Establishments Act (this is state subject and Labor Inspector in State Labor Commissioner office may be functioning as Inspector under Rajasthan Shops and Commercial Establishments Act, too).

Sudhir Kumar, Advocate (Advocate)     17 September 2014

well elaborated by Mr Kumar Doab

Shivam (none)     18 September 2014

Dear Mr. Kumar Daob, I think you are absolutely right when you said i made mistake of not consulting anyone from my family or lawyer or someone more experienced. Sometimes your frame of mind just don't let you think rationally and you continue to make mistakes after mistakes, while you are thinking it is the best you could do. Thanks for your response though. I understood that i need to approach a good lawyer first and from there take further steps in order to bring my life on track.

Shivam (none)     18 September 2014

Dear Mr. Kumar Daob, I think you are absolutely right when you said i made mistake of not consulting anyone from my family or lawyer or someone more experienced. Sometimes your frame of mind just don't let you think rationally and you continue to make mistakes after mistakes, while you are thinking it is the best you could do. Thanks for your response though. I understood that i need to approach a good lawyer first and from there take further steps in order to bring my life on track.

Shivam (none)     19 September 2014

Dear Mr. Kumar Daob,

While I consult a lawyer in this case, can you please tell me where I can read the standing orders under Rajasthan Industrial Employment Act as well as Rajasthan Shop and Commerical Establishment Act for my knowledge on the said topic.

Thank you

Kumar Doab (FIN)     19 September 2014

Dept. of labor:: State/Central,...................................or you can buy the latest version from market.

Prefer counsel of  a competent and experienced Labor Law Consultant/Service Lawyer.

Shivam (none)     19 September 2014

I am going to get it from the market and like I said, I am going to speak to a lawyer. If you know a competent and experienced Labor Law consultant or service lawyer then please do let me know. That will be very grateful. Thank you!

Kumar Doab (FIN)     19 September 2014

Soft copy is attached.

It might be available at the website of Dep. Of Labor of Rajasthan………………………..and you can download.

If you wish to avail the service of a Labor Law Consultant/Service lawyer from LCI databank you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.U_ie8sWSwb8

You may visit the local Labor court (state and CGIT) and you will know about various Labor Law Consultant/Service lawyer that take up such matters.

This is altogether different filed of law and in a city there are few consultants/Lawyers that specialize in it. They are well known and usually such matters are referred to them.

Employee’s Unions/trade Unions leaders can also help you……………………….effectively.

 

Local Distt. Bar Association members/office bearers……………………….your near and dear ones  can also guide you.


Attached File : 559395663 model standing orders industrial employment standing orders rules.pdf, 559395663 rajshopact1958210610 (1).pdf, 559395663 rajshopact1958210610.pdf downloaded: 111 times

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