Probably you mean that the notice period stated in appointment letter is 1 month and afterwards neither company has supplied any communication in writing to you regarding increase in notice period and nor you have accepted any such condition in writing.
In such situation notice period shall remain to be as 1 month.
You have posted that;
--------“ I resigned company.’
Do you have copy of resignation and proof of submission and POD?
--------“ company were hold my ……………. original certificates(SSC/10th). .”
Why did you submit your original certificates to the company? Who has advised you on it? Has the company issued any communication in writing to you to submit your original educational certificates and that it shall be retained by the company and did the company issue any acknowledgment of receipt?
Company can not hold any lien on original educational certificates of the employee...........!!!!!!!
Your lawyer may opine that you can lodge a police complaint…………..
--------“ company were hold my salary for the month, my experience letter,” “And they are warned me that they are going to file a case on me..”
Company can adjust notice pay for shortfall in notice period for 10 days, in FNF statement or you can tender this payment for notice pay @ Basic + DA by cheque and demand acknowledgment on the spot and that it be shown in FNF statement.
If after adjustment the FNF statement shows dues payable by you and you decline to pay company can proceed to recover and file civil suit for recovery……………
------------“ they are not accepting my exit formalities.’
Submit a clear communication in writing that Mr/Ms…………………designation………………….dept…………….name of company……………..address………………….declined to accept exit formalities (provide details)………………..by redg. post.
Or thru your lawyer. Or thru Labor Inspector. Or Inspector under Shops and Establishments act. Or thru Trade Union. Or thru Inspector under Payment of Wages Act. Or thru Police and obtain your original educational Certificates…………
-------------“ Now I am in mess that company is not giving me the re-leaving letter, My experience latter, my Salary,leaves. and my gratuity too...
MODEL STANDING ORDERS
>Salary/Leaves;
13. Termination of employment
(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.
>Work experience/Service Certificate:
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
Gratuity: Payable to employee that has worked with establishment for 5 years.
If the company has stated Gratuity in CTC sheet you may have a chance to agitate and succeed……….
Submit FormI by Redg. Post
It shall be appropriate to show all of your documents to a local service lawyer/labor consultant and proceed under expert advice of your lawyer.
