You have posted that:
1. “In an e-mail they agreed that yes they are holding my documents & salary and they will release it soon,” Your labor consultant/service lawyer may opine that this is sufficient to proceed further, legally.
2. “So as there policy at the time of joining, they submit my Original Educational Documents with them and gave me a undertaking for this that they will release my documents at the time of relieving.” Is this policy published and do you have copy of the published version of the policy? The original educational certificates of the employee are his property and employer can’t have lien on it………………………….employer can’t keep the certificates as collateral. On its part the employer may claim that though you have resigned but you have not been relieved and …………………….are pending. The false allegations as posted by you may be quoted. Still the original certificates, terminal benefits can’t be held and if any inquiry is to be conducted and any recovery is to be made a speaking orders has to be issued and due process of law has to be followed.
3. “they are still holding my half months salary” Why? What do you owe them? Has the employer issued any FnF statement showing any amounts payable by you, in writing on record? Have you demanded to supply certified copy of correct FnF statement?
4. “they are still holding my………………………. Educational Documents with them, and even not ready to release them.” The 2 statements posted by you as mentioned at 1&4 are contradictory as employer has already agreed to release…………………..Moreover the employer has no lien on educational certificates.
5. “I was working in the placement department, and with my departure the complete department is handicapped, and my employer wants me back,” Do you have it on record in writing or say even……………….(audio/visual)? If employee has ended the employer-employee relationship the employer can’t force,coerce,intimidate,pressrise the employee and has to find replacement or takeover himself…………….to do the tasks. Sensible employers keep the succession plans ready.
6. “But now they are threatening me.” Do you have it on record in writing or say even……………….(audio/visual)?
7. “they are putting false allegations on me, and which they are not having any proof for this.” Have they alleged in writing? OR Do you have it on record in writing or say even……………….(audio/visual)? OR do you have irrefutable evidence and witness?
The private instt is for private gain and might have registered under (name of the state) Shops and Commercial Establishments Act.
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you shall be covered as ’Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act of the state…………………………. and can explain all options available to you and help you lodge complaints successfully.
You may also go thru rules under State Education Act and rules set by Directorate of Education……………and if these shall be applicable to your position.
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under (name of the state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner:
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=720 11&offset=1#.UvYBGEeBmXV
The employees have even filed Winding Up petitions and have succeeded.
There are threads indicating that a Police constable/ASI was enough to get the original certificates back e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary credit details, salary slips,Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
