Denial of relieving letter/service letter

 

 

Did you inform the company of your sickness and leave required by you?

 

Decline to accept the FnF statement in writing AS AP and declare it is wrong and amounts sent by company is received under protest.

Extract admission from Manager, and employee that is suing the LapTop that it is in his custody and being used even if by call recording (audio/visual).

Try and visit office and locate the laptop and show it to HR and record this meeting (audio/visual) and keep some witness e.g. Employee’s Union Leaders, IT/ITeS Employee’s Union Leaders, Trade Unions Leaders.......................police, lawyer etc..........

Otherwise the company maintains proper inventory of its assets and Laptop by its serial number should feature in inventory however by its serial number it should have recorded the issuance in the name of actual user too, and if this done then the laptop is still in the name of actual user too.

You being closest to the facts may know other ways to find out and locate the Laptop.

The studied silence of the Manager may not favor him.

He is probably not replying as the onus shall fall upon him.

Once you have evidence you can escalate to MD, CEO…………..  

 

The IT/ITeS companies are covered by (Name of the sate) Shops and Commercial Establishments Act of the state……………………… An Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments……………

 

 

The standing orders may apply to the company and if these are certified you may go thru these and if these are not  certified Model Standing orders may apply, you may go thru Sec9-18.

 

Sec10:…………………. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

 

13.  Termination of employment…………………………………… workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.

        (3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

 

 

 

YOU MAY ALSO DOWNLOAD THE HR POLICY/ SERVICE RULES AND REGULATIONS………………………….AS APPLICABLE ON DATE OF JOINING, AND AMNEDED THEREAFTER…………………………AND GO THRU THESE AS WELL.

 

 

 

You may be covered as ‘Workman’ as in ID Act, ’Employee’ as in Shops and Commercial Establishments Act.

 

Designation alone does not decided employee is a workman/employee or not.

Before declaring ‘Absconder’ company should have supplied the communications, notices, legal notice, and advt in paper……………………!!!

 

‘Absconder’ is a derogatory word!

 

You may pick up points relevant to you from many threads e.g;

 

https://www.lawyersclubindia.com/forum/Company-not-clearing-my-accounts-104413.asp#.U6r3KJSSwb8

https://www.lawyersclubindia.com/forum/Denial-of-relieving-letter-service-letter-104351.asp#.U6rw35SSwb8

https://www.lawyersclubindia.com/forum/Company-not-clearing-my-accounts-104413.asp#.U6qBBpSSwb8

 

It shall be appropriate to proceed under expert advise of your labor Consultant/service lawyer.

Respected Sir,

Did you inform the company of your sickness and leave required by you?

 Ans. Neither me nor my aged parents were in a state to inform the Manager/Team of my sickness and my treatments.

 

Decline to accept the FnF statement in writing AS AP and declare it is wrong and amounts sent by company is received under protest.

Yes, immediately i sent a detailed mail to my manager looping in the finance dept representative, seeking clarification on this matter.

 

Extract admission from Manager, and employee that is suing the LapTop that it is in his custody and being used even if by call recording (audio/visual).

I do not exactly know who was using the laptop at that point of time because i was working at a different facility. Moreover, whoever be using that laptop need not necessarily get it transferred to his name, until the manager says so. I had it get it transferred because the laptop user(from our team itself) went onsite and they had to surrender it back before travelling. Since our manager wanted the laptop in the team itself he asked me raise a request for laptop and then approved the same, thus it got it into my name and i dont know to whom he had given it to.

 

Now getting admittance into the company seems impossible. I will try calling my manager and record the call for evidence.Yes definitely the company maintains inventory of its assets. You are true about the fact that the onus will befall him if he replies to my mail(i sent 3 reminders till date). 

 

As for termination part, the company did not sent me any mail/letter regarding it. I was told by the HR that my status in records show that i am terminated. Is it a mandate for the organisation to send an official communication to the employee before terminating.

 

Is there any IT union for employees in hyderabad?

 

How do i proceed regarding the company letters further? please advise..

You have posted that during sickness the circumstances were such that communication with company was not possible but after recovering you had informed and explained properly………..

By raising indent for Laptop, and letting it be used by another individual you have made yourself also vulnerable. Don’t follow such orders of bosses.

If one has to offer his/her neck and let it be the neck of the Super Boss/Employer himself.

I am surprised that you are not aware of IT/ITeS employee’s unions while the unions from AP/Karnataka were first to rise.

Trade Unions are wiling to embrace IT employees.

There are many threads on it: You may go thru these and other threads mentioned in these………………………and pick up points that are relevant to you and arrange to get all docs that are mentioned in these as you would need these… …………………

https://www.lawyersclubindia.com/forum/Notice-period-104062.asp#.U6vCoJSSwb9

 

 https://www.lawyersclubindia.com/forum/3-notice-period-relaxation-advice-103873.asp#.U6vCUZSSwb9

 

It has already been pointed out that before Termination company has to provide opportunity of hearing, natural justice and must issue communications by effective mode of communication e.g. Redg. Post…………………………………

You may approach a competent and experienced Labor Consultant/Service Lawyer at your location and proceed under expert advise of your lawyer.

IT/ITeS Companies are covered by (Name of the state) Shops and Commercial Establishments Act, and

Andhra Pradesh Shops and Commercial Establishments Act is so employee friendly:

You may go thru; Sec: 47:

 Conditions for terminating the services of an employee, payment of service compensation termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of supension

And other sections as well………………….

You may find another thread also relevant:

https://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM

 

 

 

Attached.

Hi sir I am currently working in bpo in gurgaon every thing went well till 13 mnth bt now when I planned to lev the compny the mnger is not accepting my resignaton an hrsing me by saying ur  services will be terminated  and started isung me wrning letr for compliance issues an performance by saying u l not get experience serifcate as well ... I  dont know wht to do I wnt resign .. but  I am not sure can they  deprive me of my service certificate if  they terminate me...

@ Nishant,

Always initiate a new thread.

Have you already submitted resignation?

Submit resignation (in dated…………………………. on which you informed your boss verbally in office) addressed to appointing authority by letter thru ordinary post and also thru Redg. post and obtain POD and certified copy of run sheet of postman from PO.

Counter the charges leveled on you for ‘Compliance issues’ ‘Performance’ by a fitting reply.

Record the threats of boss (audio/visual) and submit minutes.

Let all of your communications be drafted by preferably by your lawyer/elders in the family/employee’s union leaders/trade union leaders.

BPO in Gurgaon would be covered by Punjab Shops and Commercial Establishments Act (Haryana follow it) and standing orders may also be applicable.

You may AS AP show the offer letter, appointment letter, HR Policy/Service Rules and Regulations mentioned in appointment letter and that might be available on HR portal, PIP policy, Compliance Issues Policy, Punjab Shops and Commercial Establishments Act, Punjab Shops and Commercial Establishments Rules, Certified/Model Standing Orders, communication by your manager on Compliance Matters/Performance etc to your lawyer and give inputs in person, and proceed under expert advise of your lawyer.

Service Certificate has to be issue to all employees; Model Standing Orders; Sec16

From your post it is clear that your boss has initiated the process of Termination.

There are many threads that you may find relevant e.g;

 

 

 

https://www.lawyersclubindia.com/forum/Resignation-letter-104375.asp#.U61e7ZSSwb8

Sir I have not resigned yet but when I spoketti my bossabt it he said he will not accpt any resignation. Should I send my resignation by post now . It cn be a case in which when he l see my resignation might terminate me. An sir also I am goin thru medical problems I told them I want to go fr medical in which he did not assgned leaves as well to me now my medical condition is also a bit critical . Should I attach a medical certificate as well while posting my resignation letter.

Sir I have not resigned yet but when I spokei my bossabt it he said he will not accpt any resignation. Should I send my resignation by post now . It cn be a case in which when he l see my resignation might terminate me. An sir also I am goin thru medical problems I told them I want to go fr medical in which he did not assgned leaves as well to me now my medical condition is also a bit critical . Should I attach a medical certificate as well while posting my resignation letter .

Sir I have not resigned yet but when I spokei my bossabt it he said he will not accpt any resignation. Should I send my resignation by post now . It cn be a case in which when he l see my resignation might terminate me. An sir also I am goin thru medical problems I told them I want to go fr medical in which he did not assgned leaves as well to me now my medical condition is also a bit critical . Should I attach a medical certificate as well while posting my resignation letter .

If you want to apply for Medical leave submit Leave application supported by Medical Certificate issued by competent Doctor……………………………since you are contemplating to separate……………………choose Specialist Doctor in Civil Hospital, Medical College, CMO, SMO, etc……………

 

If you want to resign submit proper resignation.

 

Prefer redg post.

Whatever you want to do: Consult Elders in the family, Competent and experienced well wishers, Lawyer/Law firm…………………………..and avoid acting on your own.

Let them draft all of your communications. Such matters should be carefully handled.