1. You are still under probation. So the contract can be terminated without any notice of termination and notice pay in lieu of Notice.
2. NO Training. Thus NO expense. Thus No proportionate Liablity on Employee.
The company has breached the contract. Employee can accuse the company for having breached the contract.
The company should not accuse the employee for having breached the contract, as breach is by company.
“They are threatening to take legal action against me and not giving reliving letter.”
Who is threatening you: line managers, HR executives, or directors/promoters…………….: you need to charge them by name…………If facts are on your side you may………..you can………
The line managers, HR executives are not your employer they are just another employee in the company…………………
You may submit a terse but in well mannered language: representation to good offices of appointing authority, MD, Chairman, Company Secretary and submit the facts and seek relief and stir or shake (as you may be pleased) to supply you the acknowledgment of notice of resignation, acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number/account slips/attested copies of PF withdrawal-transfer forms, ESIC card, salary slips for all months of employment, NOC/NDC…………….etc by redg. post only. You may add that you have completed all task on hand, have handed over the charge/company property, and a postage prepaid ( as purchased from PO) self addressed envelope is attached for sending the redg. post to you.
The last salary slip + FNF statement+ acceptance of resignation + Work experience/service certificate may suffice to be as good as relieving letter…………
Are you treating it as a threat, coercion to extort the monies……………..?
Relieving letter: Is issued post all settlements by employee e.g. handing over the company property, charge, may be completing all tasks/assignments in progress………….and signifies employee has been properly relieved and is no more employed with company……….
Did you separate/terminate by tendering notice of resignation even if for a few days?
If yes, you have displayed character…………and given sufficient time to employer to put his house in order.
It shall be appropriate to show along with elders in the family : job advertisement, interview call letter, selection letter/offer letter, appointment letter to a competent and experienced labor consultant/service lawyer, give inputs in person, and spend quality time with your lawyer.
Your lawyer may opine that you can approach o/o Labor Commissioner, Inspector under Shops and establishments Act, Inspector under Payment of Wages Act, Police, Trade Unions, Community Leaders, Civil court……………….
Let all of your representations be drafted/structured by your lawyer, to benefit you in the long run.
The legal notice by your lawyer may put the matter on " Shut Up Mode".
If the compnay pulls you to court, court shall decide on the merits.
As per your post merits seem to be on your side.
The lawyer who has seen the documents can advice you best, and let his advise be final on all points discussed in this thread.
Valuable advice of learned experts/members is sought.
