Botching emp record post resignation

First of all you may submit in writing under acknowledgment,  the copy of NDC/NOC, certificate of knowledge transfer which can be even an email, resignation an its acceptance, week end attendance to complete the tasks on hand, FNF settlement, payment of notice pay by you to previous employer and any other relevant document to your current employer and satisfy it and retain your job. If required you may disclose the feedback given by HR to you that "that my manager had initiated a \"Absconding process\" after I had left. And therefore, it is not possible to change the records now. They are unwilling to make any edits." You may apply resource to get the copy of this report.

Everyone in the industry knows the trends and practices.

Secondly you should record the feedback by HR (audio/Visual) for use at appropriate time and in appropriate forum.

There are personnel who are mean and their conduct is bad. They litter nuisance wherever they go. They are not fit to be left to loose around in a civilized society.

Was this HR sleeping when the manger initiated process to declare you absconding? After all it is same HR which processes the entry of payment of notice pay from you in company records. You are being taken for a ride.

You may approach the good offices of your appointing authority, MD, CEO, Chairman, Company Secretary with a copy to Head-HR, in writing under acknowledgment, narrate the facts and demand that background feedback report issued by company be corrected at once and supplied to present employer with a copy in original to you by redg/speed post so as to reach you within next 7 days, and a written statement that your personnel record has been updated to " resigned and resignation  was accepted and employee was relieved with good note. You may ask the good offices to supply you the current and permanent residential address of your manager from company record. You may mention that while company got the knowledge transfer done by making you work on weekends, collected the notice pay from you, issued FNF statement, accepted your resignation, how can company declare you as having absconded and how can authorized representative of the company mention name in one of the good offices of the company i.e. Head-HR declare on dated………to you that the false report finalized and passed for entry in your personnel file by office of head-HR can not be edited. You may mention that a postage prepaid self addressed envelope is enclosed for supplying the report to you by redg post. Good offices are expected to act in all fairness. You may even request to let you examine your personnel file, in writing under acknowledgment. If good offices do not grant relief you may handover the matter to your lawyer. A legal notice may fetch you relief.

Or you can lodge a case with O/o labor commissioner, civil court s per your eligibility. An intelligent lawyer can turn the events and prepare criminal proceedings.

You can issue notice to your manager at all of his addresses. You can indicate that you shall be reporting his conduct to all your peers, job consultants, employers and may put the matter on portals like face book. You may mention that you are contemplating to approach police, lawyer for defamation, criminal proceedings. This may be more than enough for him.

Thank you sir for the support. It is most encouraging that you sympathise with my position. Appreciate your feedback and suggestion. Now just to clarify a few points.

I do not have in my possession any certificate of knowledge transfer in of the stated format. At that time I did not feel the need for it. Though I had emails which hinted the same; I have lost access to them - corporate email account. Also I do not have access to attendance records to showcase the effort. As you would understand, all this commitment was verbal, no wonder I was shocked that my manager finally initiated the absconding process.

however, I do have the following in my possession:

1. Copy of email from HR stating that Absconding process was initiated my manager

2. Full & Final Settlement

3. Record of excellent performance

The other complication is that I am confused which manager initiated this process. At the time of my resignation I was reporting in to three managers. (It was a total mess!!). I further doubt that they would divulge his contact details. Besides it has been almost three years now. He might not be with the company anymore.

Also I should mention here, that they haven't issued any relieving letter to me. They refused to do so, post acceptance of the settlement amount, citing company policies. At that time, I didn't fight for it because my employer had no need for it. I suppose I should have.

Your company has not charged you for not completing the tasks on hand, assignments, knowledge transfer.

If the matter lands up in court you can always demand the record e.g. emails in corporate email account, attendance record. Moreover when you write to good offices, the executives in chair at good offices can demand all records and it can not be denied to them. majority of the comanies maintain record for say 5 years. YOu can request the good offices to let you examine your personnel file or thru court.

1. Copy of the email from HR mentioned by you is sufficient. Company shall have to diclare who intiated and on whose command the status was finalised and hence updated as absconding. Also on whose command and orders it is diclared that the status shall not be edited?

2.FNF settlement is a document on record.

3.Record of excellent performance is a document on record.

 Relieving letter is issued post all settlements. Settlements due at the end of employee are, to complete tasks on hand, return company property/handing over the charge (under proper acknowledgment), advance/loan/imprested cash ( which company can adjust in FNF statement also if amount is sufficient to adjust), any other item on record. In relieving letter there is scope to add column on Conduct: hence comments on conduct.

Relieving letter is more of a trend, practice which states that employee does not owe any thing to the previous employer. If there is rule to issue relieving letter in company it should be issued to you. Moreover you have complied to all rules of the company and nothing was due at your end. There are dues at the end of company i.e. reliving letter and correction of erratic report. You should stake your claim for it along with service/work experience certificate. There is no column of conduct in service/work experience certificate.

Company can sit over the relieving letter. Acknowledgment of notice/resignation/company property, acceptance of resignation, FNF statement, settlement and payment of FNF dues, last salary slip, can serve as good as relieving letter.

The report issued by company is erratic; therefore you have all the reasons to agitate and protest, with a claim that although you have been highlighting the errors company has willfully and intentionally proceeded to step on your toes and has killed your employability and source of livelihood.

Company might claim that relieving is not issued to employee who does serve full notice period as per company’s internal policy. You shall have full right to obtain copy of this policy in print.

You must demand certified copy of standing orders, employee rules applicable for the period of your service. The policies are to be circulated and supplied to employee. If company maintains t a studied silence, or declines, company shall have to bring in court of law. You can use RTI route to obtain it from Certifying Officer in Labor office.

Any policy/change in the policy by the employer should be in equity and for mutual benefit of the employer and employee, such policy/change in the policy should be published and circulated and within the knowledge of the employee.

You may go thru SE act applicable to your state and the act may include issuance of appointment order, service certificate.

Employee can proceed to claim Experience certificate under Industrial Standing Orders, Contract law and even chase the company thru Chief Inspector as per SE act.

industrialemployment(standingorders)rules:

SCHEDULE I

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17.  Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

[2][schedule I - a]

20.  Service certificate.- Every workman who was employed continuously for a period of more than  three months shall be entitled to a service certificate at the time of his leaving the service of employer.

[3][Schedule I-B

(1)   Service Record

(ii)   Certification of service.- (a) Every workman shall be entitled to a service certificate, pacifying the nature of work (designation) and the period of employment (indicating the days, months, years),  at the time of discharge, termination, retirement or resignation from service;

(b)      The existing entries in para 16 of Schedule I and para 20 of Schedule I-A shall be omitted

Delhi Shops and establishments Act.

34.

 Employer to furnish letters of appointment to employees

 35.

 Inspection of Registers and calling for information

It shall be the duty of eve occupier of a shop or establishment to produce for inspection of an Inspector, all accounts or records required to be kept for the purpose of this Act, and to give any other information in connection therewith as may be required.

When a citizen or employee is trapped in such situation for the first time there are initial hiccups. Once you have handled such matter successfully it is smooth sail in future. 

It is felt that if you peruse the matter applying exceptional levels of persistence, persuasion, negotiation, reasoning skills you must succeed with good offices or a legal notice from your lawyer may fetch you results or you shall get the relief from court of law. You must structure your presentations carefully and a lawyer can do it for you.

Please share the outcome in this forum .It shall help many fellow citizens who visit the forum.

Hi 

I have consulted two Delhi high court lawyers to sort this issue out. After studying the case, they have advised me that there is no use pursuing this court in civil court as its legal basis is weak especially because i had joined another company prior to getting a formal relieving letter. The case is going to be long and expensive and it will do more harm to my career than good. Its better to plead mercy informally and settle the matter.

Its unfortunate that private companies fall out of the jurisdiction on such matters and are hard to regulate on such matters. As I have been advised and I'd like to share on this forum, next time anyone wishes to leave the company without serving due notice period; they should state clearly in the a letter that one shall not be able to serve the company stating the reason and attach a cheque of compensation against the due notice period (not F&F settlement) and post it via speed post or registered post. 

The mistake I did was to trust that company will consider my good performance and in the past and finally agree to relieve me. I also waited for a year chasing HR to close the Settlement amount before giving the amount.

Hopefully there are others out there who will benefit from my experience. God Bless!