harsh (NA) 24 August 2012

Termination_injustice_pl_help

I Joined a MNC on 09 April 12 in a Contract Position through a Consultancy(Third Party)…….Everything was working fine when suddenly one fine day,My Boss intimated me that your Back ground verification has failed and you can no longer report to work i.e on 13 Aug 12 (same day I was asked to leave office) when I asked for the reason for the BCG failure I got response that “Your previous employer(a small firm which employs hardly 15 people) has given report as ABSCONDING since you don’t have relieving letter”……I was shocked becoz while joining MNC(on Contract Basis through a Consultancy ) I intimated in advance(Around 1st week of April) that I would not get my relieving letter as I have medical problem due to which I didn’t report to previous employer(Even my previous organization agreed to it and given me go ahead,But told me that as per their policy they cant give me relieving letter as I haven’t completed 3 Months in office)……in turn I already intimated CONSULTANCY that so and so is the case I wouldn’t be getting relieving letter ,But consultancy asked me to join as I had only served 2 months in Previous company and the position in the MNC was critical position which require immediate candidate……..Therefore I joined ……Now the following question arises in my find which nobody is giving me an answer properly….

a) On the first day itself @ CONSULTANCY when I submitted all the documents (10^th,12^th,BSc,MBA, Relieving letter of first company/Certificates) nobody asked me about relieving letter of small firm(which proves that they were aware that I will not get it)…..and they took me on rolls…..if there was any problem they could have informed me than and their not on 13 Aug after 4 Months of working in that MNC ??

b) Normally BCG report takes 20-25 Days to come ……therefore my report would have come RED in last week of APRIL ?? Why I have been informed of BCG Failure on 13-Aug …..that too w/o any fault of mine (Becoz I given advance intimation of relieving letter).

c) If MNC says this is the mistake of CONSULTANCY …….Why should employee suffer for goof up ?? (MNC should have been pro active enough to get the report in April itself….)….at least I wouldn’t have wasted additional 3 months…..

d) If I would have known this issue will come up……will an employee will mention about previous org (where I have worked only for 2 Months ??) ….why I would I have shown it in my CV……??? If I was wrong I would never mention in my CV about my past company.

e) I have worked 4 months in this MNC and 2 Months in previous org (which has more weightage …….??? Also my performance in good).

f) Have I have made mistake of telling the truth of not having relieving letter ??? I have made no crime ( Have I given fake certificates/mark sheet or fake relieving letter ?? I told whatever was genuine….i didn’t forged any documents……I have worked around 2 years in big MNC in Pune (where my report is green ……I left that job due to my marriage in Bangalore……why my first company which is also MNC is not taking into consideration and weightage is only given to Previous company).

g) Why employee words are not being given weightage when I am explaining you all the details genuinely …but This MNC is stubborn on relieving letter (again no fault of mine,as previous org don’t give relieving as they don’t have policy to give before 3 months)……I have even shared MD number of previous company to MNC.

h) BCG as a report is theoretical as it only mentions whether being relieved from the previous service or not ??? But we human being can analyse the exact cause thoroughly and take a call of the exact nature of case not just to harass an innocent employee and ask them to leave after 4 months of sincere service.

i) Why proper meeting was not arranged with all the decision makers in the team ??? Rather than just giving an arbitrary decision to leave the company ?? That shows they are not willing to even listen to me in fruitful manner…….

j) I had given all the bank statements of cheque clearing from my previous company,Medical certificate and even phone number of my previous employer ….what else can employee do, to get a justice ???

k) How can big organization MNC can put some body career on stake in such a manner (that too with w/o any fault of employee)…… If I am wrong ……I wouldn’t have even got guts to write to anybody …….but I am writing with confidence for the injustice which is happening and decision which is made by less than handful of people.

I request forum members to pl let me know if I can file a case against above issue…….PL HELP ME……!!

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2 Replies

Kumar Doab (FIN) 24 August 2012

You have posted that:

--“(which proves that they were aware that I will not get it)”

It is heartfelt opinion that it does not. Although it in an implied interpretation. HR/ line management/company may not agree to construe the meaning as per your wishes.

In the offer letter {issued after selection} appointment letter {issued upon joining} has the company mentioned that this offer/appointment is subjected to satisfactory BGV/BGC, within dated……….? Company could have conducted BGV/BGC within reasonable period or during period expressed in offer letter and before letting the employee join the duties.

--“ (Becoz I given advance intimation of relieving letter)”

Have you given this info in writing? If you have given this info verbally would the concerned employee agree? Employee should express in writing before joining. Moreover as posted by you, company was in hurry not you.

--“ If I was wrong I would never mention in my CV about my past company.”

Employee should not conceal.

Now you have to contest the charge of absconding leveled by employer.

You can contest it if current employer shares BGV/BGC report with you or issues a communication based on BGVBGC report.

The current employer may try to influence or subdue you to submit resignation on your own. In such a case everything shall remain verbal.

However you can issue a communication to past employer based on discussion with current employer and claim that false report given by them is costing you, your source of livelihood and demand that they withdraw their report at once with a copy to you.

You can do it if you can establish that you did not abscond.

The real issue does not seem to be relieving letter but charge of having absconded.

The format of reliving letter being used by many companies has a column on conduct and company can put good/adverse/no comment.

If you have submitted sick leave application {under acknowledgment} and during Sickness Company declared you absconding then you can take this company to task. And you should do it once for all. If you can not handle it on your own you may approach a competent and experienced labor consultant/service lawyer.

You can claim to your current employer that the charge leveled by company of having absconded is false and in the meantime clear the matter with past company.

--“ Have I have made mistake of telling the truth of not having relieving letter ???”

Relieving letter is issued post all settlements and notifies that there is nothing due against employee. Has the company issued any FNF statement to you and demanded any dues from you e.g. notice pay. Did the company grant any opportunity by a written communication to come and join duty and explain your position? If any communication was issued it might have been inserted in your personnel file and BGV report is issued after referring to your personnel file.

--The govt. of Karnataka was contemplating to end the Industrial Employment Standing Orders Act and from some provisions of SE Act granted to IT/ITES companies. Under Industrial Employment Standing Orders Act, employer has to issue service certificate.

Attached File : 973118103 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc, 973118103 karnataka shops and commercial establishment act.pdf downloaded: 134 times

Yogesh Anand (Head- Legal AVP) 24 August 2012

this is a clear case of hire and fire. i suppose that the urgent requirement of the co. is met and now they must have hired a person of their choice as per their requirement hence they are raising this frivilous point. mere non issue of relieving letter that too from small private co. cannot be a ground for dismissal that too when your work is reportedly good.