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KamleshJain (Officer)     25 September 2013

Relieving letter & harrassment

Sir, 

I am working in a company from the last 10 months. My employer is harassing me and calling me before my job timings and also forcing me to work daily 1-2 hrs extra. On refusing to do that he is threatening me and telling me that he will issue me a show cause letter. I am very much scared. 

I am on probation and I have formally submitted my resignation letter through email. I have also not signed any bond with the company. Now they are not issuing me relieving letter and they are telling that you have misbehaved with your boss and disciplinary action was being contemplated against you. They are threatening me that they will spoil my career.

How to get out of this situation if they make false allegations against me for disciplinary action? I  am very depressed. I will not get job anywhere else without a relieving letter.

Please help!!



 5 Replies

Kumar Doab (FIN)     26 September 2013

What is this establishment: Industrial or Commercial?

You are in which state?

HO/Redg. office of the company is in which state?

What is your designation and nature of duties? Are you member of some trade union?

Claim for OT should be submitted in reasonable time. Employee should keep record of attendance, and proof that he was asked to work for extra hours.

OT should be authorized, requested by employer, in writing.

Many of the unscrupulous employers do not leave any record in writing for making the employee for extra hours and thus deny OT. Majority of them won’t hesitate to claim that employee was in office on his own……………or he did not work properly and was completing his pending work only.

Such unfair practices can be reported to labor officials, trade unions………………..

 

If you are not comfortable and can handle the matter on your own or can not handle a rift firm up your next venture as ap. If you are young, educated, try to be with good companies, where you would have benefits of job security, pension etc………….

KamleshJain (Officer)     26 September 2013

I was on a post of Officer in PSU, in Maharashtra. I just want relieving letter, which they are not giving. Can I force them legally to issue relieving letter.

And what would I do if they take any disciplinary action? I am just very scared.

Kumar Doab (FIN)     26 September 2013

 

You have posted that:

 

 

----‘On refusing to do that he is threatening me and telling me that he will issue me a show cause letter.’ Did you record it (audio/visual). Do you have any evidence/witness?

Did you report it in writing to good offices of MD…………………………etc?

-----“They are threatening me that they will spoil my career.” Did you record it (audio/visual). Do you have any evidence/witness?

Did you report it in writing to good offices of MD…………………………etc

------“ he is threatening me and telling me that he will issue me a show cause letter. “

“he is threatening me and telling me that he will issue me a show cause letter. “

Was any show cause notice issue issued and supplied to you?

-------“ How to get out of this situation if they make false allegations against me for disciplinary action? ‘

-------“ I am on probation and I have formally submitted my resignation letter through email.  ““ And what would I do if they take any disciplinary action?” “I  am very depressed.” “I am just very scared.

 

Did you state any reason for resignation in email?

By resignation you have ended the employer-employee relationship. Handover charge/company property and complete the exit formalities under proper acknowledgment.

Since you are very afraid approach your labor consultant/service lawyer as ap, show all of your docs including job advertisement, interview call letter, selection letter, offer letter, appointment letter, service rules, standing orders, Conduct and discipline rules, etc……………and proceed under expert advice of your lawyer.

Are you member of some trade union?

If yes approach them as ap.

 

-----“-------“ I will not get job anywhere else without a relieving letter.” I just want relieving letter, which they are not giving. Can I force them legally to issue relieving letter.”

 

You may go thru the following threads also which you may find as relevant.

https://www.lawyersclubindia.com/experts/Notice-period-not-served-in-full-425096.asp

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

https://www.lawyersclubindia.com/forum/Empolyer-forcing-for-notice-period-89058.asp#.UkAj49KAqWM

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     26 September 2013

well elaborated by Mr Kumar Doab.

KamleshJain (Officer)     27 September 2013

Thanks Kumar Daob sir for making me aware.


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