Regret by oversight misunderstood “During my tenure i never received a second appointment letter or some document stating whether i became permanent or i continue to be in probation.”
You have posted that:
--“ The appointment had a clause that - during this six months (some approximate date mentioned) organization can terminate me at any point of time but i cannot resign from the organization. Is this clause valid? Can it be one sided?”
NO.
No clause can enslave the employee.
--“The above appointment letter also does not state anything of what happens after the above 6 months - neither I be permanent or i continue to be in probation.”
Has the company mentioned that you shall retire at the age of…….years…..??
One inference which can be drawn is that your appointment is not against regular/permanent post.
Other inference which can be drawn is that your services have not been confirmed and you are still under probation.
--“ During my tenure i never received a second appointment letter or some document stating whether i became permanent or i continue to be in probation.”
The appointment letters should be examined by a competent and experienced labor consultant/service lawyer to arrive at a conclusion. The appointment letter needs to be studied verbatim. The extracts of the appointment letter posted by you gives impression that it is strange kind of a document and full of arbitrary conditions.
--“ I have sent the resignation email to my employer and have asked them to relieve me in 7-10 days of time. - but my employer says there is a notice period of 1 month or pay one month salary.”
If there is no clause in appointment letter accepted by you which states that employee has to tender notice of resignation and serve notice period or tender notice pay in lieu of it, then it there is no contractual obligation accepted by you and employer should not impose any condition which is not in service conditions in FNF statement also.
Employer should encash paid leave, and reflect it in FNF statement.
--If you have tendered some notice {as mentioned by you} you have done well to your employer and have displayed character by not causing abrupt termination.
You may submit another representation addressed to good offices of your appointing authority, MD and mention that” acknowledgment of your notice of resignation may be supplied to you immediately by redg. post and good offices may make arrangements to relieve you by the close of office hours on dated………and supply you the acceptance of your resignation, last salary slip, work experience/service certificate/ reliving letter, correct FNF statement, Payment of dues as per correct FNF statement by bank DD, form 16 as per correct FNF statement, PF number, attested copies of PF forms {you may submit withdrawal/transfer forms as suitable to you. Transfer is better as you are eligible for pension after 10 years}for submission to next PF office by you, PF account slips for the period of entire period of your service, NOC/NDC etc on your last day in office.”
--“but my employer says there is a notice period of 1 month or pay one month salary.”
Has this statement been made verbally and who has made it?
You may include it in your representation that on dated……. Mr/Ms……….designation…….dept…….address…….has asked you to tender notice pay of one month without providing any documentary evidence of any such contractual obligation having been part of your appointment letter and that in your appointment letter there is no clause on notice of one month or notice pay in lieu of notice period hence the demand to surrender one month pay be dropped by company
Service conditions are expressed in appointment letter or standing orders of the company.
The clauses expressed in your appointment letter may be in violation of standing orders.
--“ My employer has also forced me during my probation to submit my original marksheets. There was no way mentioned in my appointment letter that i need to submit my originals. Since they forced me - i had no other option rather than sumitting it. Now after my resignation they are refusing to return back my originals as well as the relieving letter. They are just asking for one month salary.”
Original certificates may be taken for verification of copies.
Your certificates are your property. Company can not hold these for an indefinite period or for ransom. Company can not blackmail you. Company can not have any lien on your certificates. It is believed that you have not signed any agreement that company shall retain your certificates.
Has the company issued any acknowledgment of certificates having been received from you? If no what evidence or witness you have.
You may arrange for a meeting and record {audio/visual and keep evidence/witness and you alone shall have to arrange for it. Mobile comes handy} the demand of money being made to you for returning the certificates.
You may demand in writing from good offices that your certificates should be returned to you in office in person to you within say 7 days and these should not be soiled, damaged, mutilated, torn, and should be as crisp as these were extracted from you. You may mention that on dated……Mr/Ms……….designation…….dept…….address……. has stated {on phone mention phone numbers/in person} that until you pay Rs………..your certificates shall not be returned to you.
If good offices do not provide any relief you may approach a competent and experienced service lawyer/labor consultant and proceed under expert advice of your lawyer. Your lawyer may agree that your certificates are being illegally held with malafide intentions and you should lodge a police complaint, under offence punishable under section 403 {Dishonest misappropriation of property} ,406{criminal breach of trust}, 420 {Cheating}, 368 and may suggest some other sections as well.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
The court shall take appropriate view to decide the nature and quantum of punishment to company.
You may request good offices to allow you to examine your personnel file being maintained in HO.
If you have evidence and witness to prove that your certificates are being illegally held you may not allow any breathing time to the line management/HR/company and slap as many cases/complaint on it and teach them a fitting lesson so that it does not dare to indulge in such coercion/extortion/blackmail/deception and bad practices.
Another option is that you may apply your persuasion, persistence, reasoning, negotiation skills to drill sense into the heads of the company and resolve the situation in your favor.
This shall be the quickest and easiest solution.
If nothing works you may approach your lawyer and proceed under expert advice of your lawyer.
In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
Valuable advice of learned experts/members is sought.
