Company not issueing Relieving and experience certificate

You have mentioned in your post that:

-GM fired you. Did the company issue any termination letter to you?

Or you have submitted resignation letter/notice of resignation?

-You have sent filled in clearance certificate.

Have you obtained any acknowledgment, and subsequently NOC.

- GM has restricted you from entering the office.

Has he issued any written communication, and have you received any copy?

-GM has stated to you that your relieving letter and settlement of dues shall be cleared by HR.

You have mentioned that you have written to HR but HR is neither responding to your emails or phone calls, and you are restricted from entering office.

-You have joined services with another company.

It seems that no attempt was made by either party to reconcile the matter.

Did HR call you for any enquiry or meeting after the incidence of arguments, or firing, and did they issue any letter/show cause notice etc to you? Hope you were right in your explanation to the technical matter over which you faced heated arguments.

You should  submit a written representation to your appointing authority, MD, Company Secretary, and you may explain all events in chronological order, date wise, and demand your F&F, work experience certificate, relieving letter, form 16,PF accumulation reports, PF transfer/withdrawal forms, NOC/NDC-clearance certificate etc, settlement of dues to be supplied to you with in 15 days. It is important to represent since you are not getting any response and company might have declared you absconding.

You have the option of explaining the matter and submit your version. You should be able to furnish proof/valid reasons.

Company has to supply you work experience certificate, NOC/NDC, and may sit on relieving letter.

Please consult elders in the family, experienced and competent well wishers, and your lawyer/law firm and seek their help to draft your representation carefully. Based on facts, valid reasons, you can protest and contest your firing also.

If the company does not respond, you can lodge a complaint with the local of Labor commissioner.

well company has not given me anything in written. it was all verbal. just had a heated conversation and he said u r fired from the immediate effect. and he has restricted me from entering the office when i went to get the clearance my GM asked me not to enter the office. what should i do

you have stated that I can go for Representation does that mean legal notice to the company.

Kindly share the facts and consult your elders in the family, experienced and competent well wishers, and your lawyer/law firm before you firm up action you wish to take, and take a qualified decision.

As fas as matter posted by you is concerned:

-The conduct of GM is bad. At the senior position the executive has to demonstrate decorum, composure, decency, maturity, wisdom. He has litterred nuisance.

Until or unless your conduct was very bad, indecent, violent.

In such a case he being at a senior position has the process to follow to cause seperation.

-The manner in whcih he has fired you even a housemaid can not be.

Even the parent has to excercise caution while delaing with children.

In corporate environment no one can become a bhai and act like a bhai and evict an employee in highly uncivilised manner.

Probably out of fear or apprehension that you may expose, he has himself prevented you from entering your workplace, than issuing an order of termination and stopping entry at workplace.

Representation means that you can report to your appointing authority, MD, Company Secretary.

In case there is no response to your level of satisfaction you can send legal notice or you can also complain to labor authorities.

 

Opinion and advice of learned members/experts is also sought.

thank you very much for valuable information. after reading your reply I have decided to start going to the office from tommorrow onwards till they dont give me anything in written. and i have consulted  a lawyer on this issue , he has suggested me to send a legal notice to the company MD, GM and HR regarding this issue will this be a right step to take as I think I am not left with any other option. kindly reply.

 

Regards

Ashutosh Kumar 

You have neither been terminated, nor been issued any show cause notice, nor you have resigned,

but you have joined another company. Technically it is wrong. No one has seen what have you written to HR.

You should submit your represntation carefully. Please consult our elders in the family, experienced and competent well wishers, and your lawyer/law firm.

HR has to be unbiased, fair. HR should at once bring the facts of the case in the notice of Top management, owners/promoters of the company.

Shall any of your colleague at workplace give witness in your favour.If you have been wronged and you can establish it, you shall have the upper hand, hence power to negotiate.

No I have not joined any company yet because my new employers are also asking for Relieving certificate from my previous employer. I am at home without any job since 31st May 2011.

The answer to your query depends on several factors including

a. nature of your employment

b. Level of your employment and the employment contract terms

c. Standing orders / company rules and the certification status

d. Nature of your seperation if done ( resignation or termination) and the process part of it

e. Nature of allegations and the status of enquiry.

 

In any case you not reporting to work is not the best option nor is you joining another company without completing the seperation formalities