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rathin (Software Developer)     20 January 2013

Help me please

 

Hello sir ,

I am working in one it company in hyderabad , according to my joining latter and bond i have to serve 2.6 yrs. bond and after that 2 months’ notice period , on December i have completed my bond and on January i have send resignation latter and i said i ll serve 2 months’ notice period and 5 march will be my last working day in company . after that my manager replayed me on mail he will discuss later  because that time he was on leave . when he came to office he was very angry and said he ll not give reliving latter . that time i have given resignation latter hard copy . he said i ll not take anyhow i gave him . 2 days back my company MD called me and said if you want reliving leave now company no need to come office from next day else do whatever he is saying means i have to stay more 1 year and then he will decide when he will give reliving . and he also said go home take legal action against him .

 

I can’t continue there for more I year . I told him my personal problem he said he can’t help .

 

I want reliving latter , experience certificate . what to do . he said if I discuss again On this topic he will terminate me from job .

 

PLEASE HELP ME . I AM IN BIG PROBLEM .

 

 



Learning

 2 Replies

SRISHAILA.DHARANI (Advocate&consultant)     20 January 2013

Hi Rathin,

Pls issue a legal notice through register post acknowledgment due to your M.D. narating the facts and give him one week time to give you whatever you are ;legally entitled.

srishaila,bangalore,advocate,sdharani120@gmail.com,9741425514

Kumar Doab (FIN)     20 January 2013

The matter is discussed in other threads initiated by you also.

https://www.lawyersclubindia.com/forum/Reg-reliving-after-bond-completion-71368.asp#.UPvOoTfZ1JI

 

Discussion > Labour & Service Law > Reg reliving after bond completion

 

https://www.lawyersclubindia.com/forum/Resignation-mail-not-accepting-72818.asp#.UPvPDjfZ1JI

 

Discussion > Labour & Service Law > Resignation mail not accepting

 

https://www.lawyersclubindia.com/forum/Help-me-73623.asp#.UPvPhDfZ1JI

Discussion > Labour & Service Law > Service > Help me

 

You have complied to bond although there was no training, and now you are complying with clause on notice period too and hence from your side you are satisfying so called contractual obligations as narrated in your appointment letter and bond.

Your notice period shall be over by 5th March and you shall submit your final resignation by 5th March.You have enough time to consult a lawyer/law firm.

It is suggested let elders in the family, competent and experienced well wishers, lawyer/law firm draft and structure your representations subsequent to notice of resignation submitted by you to build record in your favor.

IT companies are covered under SE Act. The Inspector/Chief Inspector can be approached for violation of rights.

You may obtain the latest version from Dept. of labor website of your state or buy from market.

It is felt that during your association of 2.6 years the MD and Manager have observed you and have formed an opinion that you can be coerced and forced, you do not have any handle on them and you shall not pull them to lawful authority and court of law.

Your manager might be feeling that he won’t get a docile employee like you and he might be the person filling your MD.

You have posted that:

 

--“ that time i have given resignation latter hard copy .”

If you have submitted notice of resignation, without getting acknowledgment it is of not much use to you. You may submit a carefully drafted notice by redg. post with AD followed by email too. After this obtain POD from PO { free internet generated report signed and stamped by post master and certified copy of the run sheet of postman against a fee of Rs.10/}.

 

It is time to proceed under expert advice of elders and your lawyer. Let your elders also go with you to your lawyer.

Remain cool, amiable up to 5th March.

--“  2 days back my company MD called me and said if you want reliving leave now company no need to come office from next day else do whatever he is saying means i have to stay more 1 year and then he will decide when he will give reliving . and he also said go home take legal action against him .”

 

You may record such calls and meetings {audio/visual. Mobile is useful} and keep some employee as witness. You may not stop attending to office on verbal directions.

Let the company relieve you by a written order.

If you feel that the MD or manager shall force you to leave office you may preferably keep witness and record this scene.

If you can not handle such situation you may immediately submit a representation in writing that you have been verbally asked to quit attending office on dated……time…..by Mr/Ms….designation…dept……address…..

If legal action is the only resort and resource then you need to approach your lawyer.

As already discussed in other threads the state of Karnataka has ended blanket exemption granted to IT companies and companies shall have to frame standing orders and till then model standing borders shall apply. Your lawyer may opine that you fall within the category of workman


Attached File : 407529065 se act ap.doc, 407529065 se act ap.doc downloaded: 129 times

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