rama e. k. s (engineer) 22 March 2016

Experience letter issues

Hi, I was working in a MNC and i submitted my resignation (email) copying immediate manager and HR. The same was accepted and i was given a LWD from the manager end. I was serving my notice period and after a month of serving my notice period i did not get my salary. When contacted the HR they said they wont pay during notice period and the accumalted amount will be paid on the LWD. I'm being the only earner of the family sent a email to HR stating that it will be difficult for me to pay my rent and run my family without salary and told her that, holding of salary during notice period was not mentioned in the offer letter and also HR, manager did not inform me about holding the salary when i submitted my resignation. After seeing my mail, HR and MD told me that my email was so unprofessional and they dont care of my personal problems and they cannot pay my salary. MD was too harsh and said if he wish he will throw money on my face as money is not important to him. After hearing all this. I sent a email asking sorry for sending a unprofessional email and said after so much of insult from MD and HR i wont be able to continue with the company and sent a mail askimg them to consider that day as my LWD and said i will pay the company for the remaining days that i didnt serve the notice period (18 days). After seeing the email, HR or MD didnt reply to mail but immediatelt released my salary. I left the company and after one week sent a mail to HR asking her to let me know when i can go and collect my employment related documents (exp letter etc). She gave me a date and unfortunately due to my wife's medical emergency i was unable to go but i sent a mail to her saying i wont be able to meet them that day and asked her to let me know an other date on which i can meet her for collecting documents. She did not reply there after. I waited for a week's time and i was also busy with my new work (i had to go to bangalore from mumbai every week) so could not contact her further. I moved to Doha in june 2015. Now im outside India and i sent a email to HR asking her to provide FNF details and also to let me know how much i owe to company ( notice period that i didnt serve). She is not replying to any of my emails and when i called her she is talking in rush and not answering well. She is simply saying come and meet me in person. It is very difficult for me to travel to India. Can i ask her to send my employment documents through speed post and can i pay her my dues and ask her to provide me the doucments? She is not replying and im sure she will not provide me the documents. Is it necessary to go in person and collect it only? When i called her, she said i was absconding . but, i submitted resignation letter, served notice period and left after informing her through email. Will i still be counted as absconding. Please help me and advice what to do in this case.

Reply Follow

5 Replies

dr g balakrishnan (advocate/counsel supreme court) 22 March 2016

better file an FIR fraud under sec 19 of indian contract act after sending to the company 2 weeks Notice by an advocate from Doha by registered mail. see what the MD says,

if still no response, issue a Legal Notice to Karnataka Home Ministry secretary detailing the reasons of that company and seek their prompt intervention in the matter with a cknfirmatory copy to the police commissioner as also to the chief commissioner of Labor Karntaka, as also the registrar of companies at Bangalore. this is a notice under sec 80 of cpc 1908

if nothing happens move karnataka g=high court under art 226 r/w 227 for a mandamus

today fraud is very household word, see here data entru companies say the give you home based work but they ask you to pay upfront some few thousands, this idea goes on and on over several years, people affected shall follow the same procedure i suggested here, u need to bring to justice, else job seekers are just looted. tks

dr g balakrishnan (advocate/counsel supreme court) 22 March 2016

fight yr issue vehemently by private complaint to jud=icial magistrate if police do m=not take yr FIR.

dr g balakrishnan (advocate/counsel supreme court) 22 March 2016

Laws are made to fight out all wrongs done by any under rule of law called the constitution of india

rama e. k. s (engineer) 22 March 2016

Thanks for your reply Sir! But HR is not responding to any of email. HR is saying i absonded. Since HR was not replying to email i called HR. She was not responding properly and just said you absonded come and meet me and disconnected the call. Is there any law in India that employee should go and meet in person? Im ready to pay my dues but HR is not responding. I was not absconding i did everything as per the process.this HR and MD always gives such mental syress. How can i travel to India? It will cost me a lot.