Dinesh A 04 February 2021

Employer not giving orginal documents, releiving and experience certificates

I finished my college and join in a startup IT industry. Because of family situation I asked them about my appraisal which was they commit me every 6 months. But They are not responding. After 10 months I got appraisal which was lesser than mentioned and for that also they are not gave any proper response. So, I will convey them about my releiving. I didn't get any proper response from them. So I will put a mail about my resigination. My notice period was 3 months. But they throw me out within 1 week. Now, They hold my one month salary, Original documents, Releiving letter and experience letter. If I call them, they didn't pick up my call. Please help me in this issue

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4 Replies

G.L.N. Prasad (Retired employee.) 05 February 2021

They have thrown you out with any notice and stating such notice and reasons for termination? Irrespective of termination, do not bother about one-year service issue a legal notice and demand for the return of your original documents. Any local advocate that is experienced in labor matters can help you in getting such original documents as they are not meant as security documents and retaining and not returning it after verification is an offense. Your advocate can even serve a threat of police complaint and also compensation for harassment depending on the facts of the case.

Dinesh A 05 February 2021

It doesn't like termination. They relived me, without proper procedure (Not gave releiving and experience letter) but they disabled my office mail ID, get back my ID card everything from my side. After that all, They told me we complete your procedures within 3 working days. Now, they They're are not even pickup the call and hold my last working month salary, My Orginal documents, Releiving letter and experience certificate.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 February 2021

1. File grievance petition with the local Labour Commissioners office, for damages & compensation.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Ritesh Maity (Labour Law Advocate) 06 February 2021

1. If your letter of appointment stipulates 3 months notice period or pay in lieu thereof, then you are entitled to get 3 months salary, excluding 7 days salary as you have served, as notice pay.

2. You are also entitled to salary for the month you have worked.

3. Other legal dues, if any.

4. However, there is no law which can compel an employer to issue release letter or experience certificate. So it is the discretion of the management whether to issue them or not.

5. Initially, you may issue a legal notice demanding all outstanding dues as mentioned in #1, 2 and 3 hereinabove.

6. Most importantly, company cannot keep any original documents in their custody. At most, them may ask for the original documents to verify with the photocopies at the time of joining. However, since you have submitted the original documents to your employer and even remained silent therefore, you are somewhat at fault too. At the stage, without any delay, file a complaint before local PS and also send a legal notice seeking refund of the original documents without any delay. TIME IS VERY IMPORTANT IN THIS ASPECT. DO NOT DELAY FOR PROCEEDING PARTICULARLY FOR POINT #6.