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Kumar (Flash Game Programmer)     13 September 2013

Orginal certificates submiteed in office

 

Am Working as Flash Game programmer at 7Seas Entertainment Limited since 1 year for 6,500 Rs salary in Hyderabad.

There is an agreement to serve the company for 2 years and i  submited my 10th and intermediate orginal memos.

the HR told to hike 2500Rs after 6 or 8 months and also every 1 year. But they didnt hike me after 1 year my work performance is also well.And my colleagues got a hike of  just 1500 Rs after 1 year as it has to be 5000 Rs.

 

I got recently married.That 6500 is not  sufficient for me now i decided to left the job but my agreement period was not completed

am scared that my certificates are with them what should i do if they refuse to give me  Original 10th and Intermediate certificates

and 1 year experience certificate.

 

Now am not going to office as my health is also not well.Can I resign the job without notice period as they are not giving hike any hike.
 



Learning

 14 Replies

Kumar Doab (FIN)     13 September 2013

You have pointed two issues:

1. Service Agreement/Bond: If the company has not incurred expenses on some training etc that has added to your qualification or has provided some exceptional/extra ordinary skills, it may not succeed to get any liquidated damages from you.

The courts of law if the matter lands up in court of law shall evaluates reasonableness of the matter and reasonable amounts if any………………

In the meantime you may go thru attachments.

2. Original Educational Certificates; these are your property and employer does not have any lien on it.

Has the company issued any acknowledgment of the certificates?

You can issue notice to return original certificates.

Approach your labor consultant/service lawyer as ap.

 

 

 

3. Employee should tender notice of resignation or the employer may square off the dues in FNF settlement.

Submit Notice of resignation and let employer accept it before expiry of notice period.

Don't abscond.

 

The notice period would be as per service conditions in standing orders (Certified/Model) applicable to the company.

Shops and Establishments Act applicable to the establishment also sates notice period.It is not more than 1 month.

4. If employer has stated in appointment letter/committed rise in salary but has not then it breach of contract by employer.

Employee should state breach and setbacks in notice of resignation to declare the employer as unworthy, violator of agreement. 

It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment, service agreement, acknowledgment of certificates,…………………… The lawyer that has seen all of your docs can advice you the best.

Sudhir Kumar, Advocate (Advocate)     13 September 2013

did you wilfully surrender originals?

Kumar (Flash Game Programmer)     17 September 2013

yes sir i willfully surended orginals, As they promised me they will increase salary after 6 or 8 months

Sudhir Kumar, Advocate (Advocate)     18 September 2013

you walk into the trap then who will suffer.  You have walked into a slavery. Do you have proof of submission of originals.

Kumar (Flash Game Programmer)     30 October 2013

Sir,

I have got my original certificates from the company.But they are not giving my experience certificate  i worked 1 year in the company.

 

Due to my marriage and health issues i took 2 months leave on 11th and 12 month

So the HR is saying i have not completed 1 year and they cant give my experience certificate according to their company policy.

Kumar Doab (FIN)     31 October 2013

Even if employee has worked for less than 1Y service certificate should be issued.

Approach Labor Inspector/ALC in O/o Labor Commissioner, Inspector under Shops and Commercials Establishments Act at your location.......................and lodge complaint against this HR by name............

Model Standing Orders:

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.

Kumar (Flash Game Programmer)     01 November 2013

Thank you Kumar Doab

Kumar (Flash Game Programmer)     01 November 2013

Sir,

Do i deserve 1 year experience certificate or 10 months experience certificate as i  took 2 months leave.

Kumar Doab (FIN)     01 November 2013

It has already been pointed out.

Yes.

The policies of the company are not law of the land.

Employer and its HR, Line Managers are not Governor.
They are liable to ensure faithful observance of the law of the land, statues, and enactments applicable to it, sense and prudence too.

If you are not able to handle the matter on your own you may approach elders in the family, trade union leaders, lawyer, Inspector under Shops and Commercial Establishments Act of your state ( it might be Labor Inspector holding this charge too) Labor Inspector/ALC,  for better understanding of the posts in this thread and do not proceed on your own.

Kumar (Flash Game Programmer)     05 November 2013

Sir,

I want to know i get 1 year or 10 months experience certificate.

I took 2 months leave in my 1 year,as i completed my 1 year i left the job without giving notice period.

Kumar Doab (FIN)     05 November 2013

Go thru the posts carefully.

 

It has already been posted that you can.

 

Leave and non service of notice period has nothing to do with it.

 

It has also been posted that you can approach  Labor Inspector/ALC in O/o Labor Commissioner, Inspector under Shops and Commercials Establishments Act at your location and in addition you can also approach trade union leaders, lawyer, civil court……………

1 Like

Sudhir Kumar, Advocate (Advocate)     05 November 2013

agreed with Mr Kumar Doab

Kumar (Flash Game Programmer)     05 November 2013

Thank you Kumar Doab

 

I will complaint this in  labour office.

I got my original 10th and intermediate certificates with the help of a local constable and SubInspector.

And now i approach labour officer to get my experience certificate and PF number.

Kumar Doab (FIN)     06 November 2013

 

We appreciate that you mustered courage to approach police.

 

Now the HR person and employer should be all ears to your legitimate demand and should be willing to become a law abiding corporate and citizens.

 

You may submit your demand in writing to supply you the PF number of your PF a/c opened by the company, PF a/c slip of entire length of service, and service certificate, relieving letter thru redg/speed. Pos only so as to reach you in next…………………..  say 3 days.

You may add that:

 

--NO communication by company should be sent by ordinary post/courier and all communications should be sent by redg/sped post only and if demands in writing you are willing to supply the postage prepaid self addressed envelopes to send the redg. post to you.

 

-- you have given gentle representations in this regard to Mr/Ms…………….designation, dept……………….name of company……………address………….on dated ………………by phone/by email/by letter/in person ( narrate all and mention phone numbers etc) and you were given a strange reply by Mr/Ms…………………that as per private/internal policy of the company this shall not be supplied to you. You may demand certified copy of this private policy of the company and a written statement that this illegal policy of the company stands withdrawn and cancelled with immediate effect.

If possible record (audio/visual) while company’s employee has made such statement.

Thus you shall help your self and fellow countrymen to reduce one law breaker and offender and such HR person shall not dare to offend the employees again and shall advice his master and employer properly in future. This employer shall also take some kind of pledge that in future he shall not step on the toes of any employee.

 

 

--For PF also you can approach police.

For PF you can lodge a complaint with RPFC in nearest PF office and if you have recorded (audio/Visual) the employer and this HR person shall get penalized by RPFC as well.

 

The Trade Unions are sensitive to such matters and know the precise ways to handle such issues.

Approach them with evidence and they shall show you their might.

 

 

 

 


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