The employee has resigned from new job since he was not able to produce experience certificate/relieving letter.
It is believed that:
-employee has not inserted any reason like" since he is not able to produce experience certificate/relieving letter from past employer or Mr.......of new company has asked for experience certificate/relieving letter within dated...........and since he has not received it till date hence he is not left with any other option but to give up his employment.”
-and the employee was not asked in writing by the new employer to submit experience certificate/relieving letter from past employer with in dated...........failing which he can not be allowed to continue his employment.
The past employer has not served any show cause notice. It is believed no enquiry was initiated or pending against the employee. The past employer has directed the employee to submit company property and received it and subsequently supplied the F&F. The employer has collected the notice pay and has not raised any other claim, e.g. financial loss due to immediate resignation, assignments left incomplete etc.
The past employer has not supplied acceptance of resignation letter, and has HR guys have threatened the employee. It is believed that in the F&F has the past employer has not mentioned reason of leaving e.g. resigned or terminated. The past employer has not withdrawn termination order.
The conduct of past employer is bad, and demonstrates stone cold, insensitive, zealous approach of HR towards employees who dare to leave the company. HR should be reasonable and balanced.
The maverick HR whosoever has processed issuance of termination order has invited trouble for the company. HR knows what they have done and that is why the threats are being issued as a tactics to deter the employee from lodging complaints with various lawful authorities. HR is deliberately sitting on issuance of letter of acceptance of resignation, believing that employee shall come running to them and shall not dare to lodge any complaint. They are operating like Bhai’s.
The refund of 90 days notice pay is no solution and relief for the employee. The employee should lodge complaint with:
-labor authorities and pray to close the Indian operation, and demand written apology from the company.
-SSP/Commissioner of police against threats, with names of the individuals who have issued threats on behalf of the company and its promoters. The employee should use his resources and mention the current and permanent address of individuals and make them face the consequences of the inquiry, even if they leave the company and join somewhere else.
-Registrar of companies against illegal practices of the company and pray to close the company, and demand written apology from the company.
- Any other forum employee can approach. e.g. mouth shut, social and legal forums, NGO’s.
Give them some task and make them run to every nook and corner. The employee should involve people of repute to drill some sense in the company and make them come out of the luxury of the office. The employee should circulate name and credentials of these HR guys and company to as many as friends/acquaintances, and comment that beware of…… ….and don’t join the company if he/she is there, consultants and mention that don’t promote their candidature since they are facing complaints of ……..at……….., and tell them the HR and company that he shall not mind to go to media and that his career is spoiled and nothing worse than can be done now. The employee should snub each effort of the HR and company to subdue him.
The employee should contact a competent lawyer to draft his complaints and issue a legal notice. The competence of lawyer and firm resolve of employee can resolve the matter.