Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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XYZ   13 January 2016

Employer harassment after resignation

 

Due to health issues, I've applied for 2 weeks leaves on 24.08.15 via mail to my boss. Later, my health condition worsened and I again asked for one month's leaves (till 07.10.15). Also, I asked HR to share my leaves in hand so that I could submit the duly filled per forma accordingly. After so many follow ups, I was told that I'll get to know about my leaves in hand only, when I'll join back but they assured me that I'll not lose any salary for that. In between, I got my promotion letter with revised CTC.
My doctor suggested me to stay away from stress/work pressure, so I resigned from my job on 29.09.15 and could not serve one month's leave period.

It's been more than 3 months; after so many follow ups for full n final and experience letter, they send me a legal notice to pay the outstanding amount in liue of the notice period without any explanation of the calculations. When I asked them about the details, I was told that the amount is equal to 1 month's revised salary by just deducting 11.5 days (EL's in hand) basic salary. They've not adjusted any leaves available (I was having 5 CL's, 15 medical leaves, 11.5 EL's). Since, then I was following up with them to adjust my leaves and send revised recovery amount. They had stopped responding. The last mail from HR office was, The amount is final from our side. For any further discussions contact your boss, if he approve the leavesĀ.
I've requested my boss and VC also to look into the matter many times but did not receive any response. 

The way they are harassing me, I am again getting depressed. Today, my husband (on my behalf) visited them, and they refused to adjust any leaves and asked him to pay the amount in order to get experience letter.

I had decided to resign and not to serve one month's notice period, as I was in depression and my physical condition was not ok. I wanted a peaceful reliving but it's creating much more stress than that.

Is it legal for an employer to harass ex-employees for experience letter.

Please suggest what should I do? Should I complain against them or not?
Where can I complain? Please tell if the question is not clear.



Learning

 1 Replies

Mayur shikhare   21 January 2016

Please Note CL and Medical Leaves cannot be adjusted against the notice period. Hence, what the company has done is correct. In my opinion as the reason for your resignation is sickness you should ask them to relive you on sympathetic grounds


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