Hi,
Long story, but please help me.
I was working for a software company in Pune. My company asked my to sign on a hard copy resignation letter and provided me an appointment letter for their new registered company. So my experiance of old company was 5 years and 11 months. I was provided with new employee id along with new salary bank account in a different account. Just I was working in the same location, same office. So my old company had an employee count of around 30-35 and of that we 8 members were moved to their new company.
So I started working in the new company from 1 Oct 2014 and my last day with old company was 30 Sep 2014.
After few days, I realized that company is not intending to provide me my documents for old company like my experience letter, relieving letter, my gratuity, etc. So I started demanding for my documents, as I then had no relation with the old company. But the CEO told that I wil be provided with documents for old and new company once I leave new company, saying the owners are same so its same company. I did not trust this as day later if they sell the new company( Being a product based company), then the new owner will not be responsible to provide me old company document and the old company will not entertain me.
After demanding lots of time, finally the CEO agreed to provide me the document on Fri 14 Nov, 2014, saying this is done only for me considering me being a old employee and as a special case keeping it confidential. I was happy. On Mon 17 Nov, I when asked for document, the CEO again said no, saying I dont remember that I said so. I again had a meeting and reminder the statements for special case, confidential, etc then she said that she said so but now we are not giving any documents. I told them look you turned back in just 2 days, then how can I trust you. Then they offered me to give a document stating I have 5 years, 11 months exp in old company and the documents for the same will be given when I leave new company. I agreed to take that too, but then they said to give this document we need a min of 2 weeks. I was surprised to understand why does it takes 2 weeks to provide me this simple line document. I rejected that too. So they offered me to revert my appointment and take me back in old company. I did not accepted the revert.
Finally, I resigned on Wed 19 Nov, 2014 from the new company demanding immediate release considering the clause in my new company appointment letter that I will be on probation period for 3 months (i.e.. till Jan 2015) and in clause of termination it was clearly stated that 'Either party during probation period can terminate the services with immediate effect without giving any reason'
So to get my document for old company they left me with only only option that is to leave the new company. I was relieved from the duties immediately on Wed 19 Nov, 2014. They accepted my resignation and said its a sad ending, but let move ahead. Even they came downstairs to leave me. They first said that I will be getting my documents in evening but alter denied saying give us 2-3 days to prepare the document very well. I was then relieved that all went good. I started going for interview from next day, simultaneously waiting to get my documents in hand. I left the company on wed and was expecting the documents by Fri, sat. On saturday, I got a call demanding to come back, which I denied, as being loyal for 6 years for company they was not providing me documents which was my right and which was the reason forcing me to leave company. I got a job in just 2 days and as already at home, I joined the company on Mon 24 Nov immediately. But on monday, I got an email from HR demanding handover of list of tasks. I called to HR and she told me to come office and resolve this with the CTO. Next day, Tue I went to my office and meet the CTO. CTO was demanding 3 tasks of which 1 was a complete new R&D. He said once you complete the 3 tasks, they will give me the document. This was the 3rd time they betrayed me. I told them, I already joined a new company yesterday as I was relieved from my duties by you. They demanded me to take leave and work from them. I did check with my new company and they were ready to provide me leave for 3 days as to get all resolved. So I said I will start helping you from Wed to Sun for 5 days, but you need to provide me the documents on 4th day, saturday. The CTO again denied saying we will provide you the documents only when all the 3 tasks are done. I was surprised that why the company is troubling me again. I said no, I need the documents first then I will help you.
After a lot of email conversation, I finally decided to go legal and into media for justice. As what ever I did was legal and its was my right to get all my documents and my benefits like gratuity.
Then the company finally agreed to give me the document on Thu 27 Nov and asked me to come to office at 10am and take the documents, if you want, you can help us, if not then no problem.
I went to old office on Fri 28 Nov at 10am. I was asked to come in conference at 11am. I found 6 of my old colleague along with the CTO and HR in the conference. CTO said lets start the procedure. He first asked if I am ready to help for the tasks. I was with a decision to help them for next 3 days, but looking at the way they collected other in the meeting, I denied to provide any help. The next thing was you will not get any documents for the probation period (1month 19days), didn't your lawyer tell you as you were going legal. I said I dont know. CTO then said lets check with this guys and everyone was forced to say 'No'. CTO then said 'Hence proved, you will not get any documents for probation period. I said ok. I was then asked if I have removed my official email from my iPhone, I said no. I was then told to remove those. I said ok. They then demanded to see the email accounts removed on my iPad too, which was at my home. So was asked to go home and get the iPad to see them. I went home and came back to office (20 kms). After resuming, they did some official skype group removal and other stuffs and then provide me 2 documents. First stating that my experiance in old company is 5 years and 11 months and second document stating I was transfered from old company to new company.
At the end of the meeting I was insulted by the CTO saying 'I was claiming to be the most loyal employee and can we have a round of applause for him'
My Questions are:
1. I did not get my salary for 19 days in Nov. I guess its my right to get my salary, isn't it?
2. My gratuity for 5 years and 11 months is still not received. What to do now ?
3. The company never paid any pf for me for 6 years. No charges were deducted from my salary, but I guess they had to start paying my PF, which they did not. isn't it illegal?
I was loyal for the company for more than 6years, but the company played a game to stop increment in my gratuity and not providing me my documents after I had no relation with old company. This was a total injustice to me.
