Relieving from duties

First of all, they are not even legally entitled to keep any original documents of their employees in the custoday. So keeping such documents of yours is itself an illegal act. You can surely lodge a police complaint for that. 

And for 10 days salary and other dues, labour law would be applicable, for which you can send a legal/ demand notice

1. Would an Administrative Officer be covered by the def. of  "workman' as in ID Act, 'Employee' as in Shops & Estbs Act (If the establishment is covered by Shops & Estbs Act) as per designation and as per actual duties on record is a question to be addressed.

2. The pay day is fixed as per contractual terms and FnF wages should be paid on LWD (more so in notice of resignation case) or say within next 3 days and max.by usual/fixed pay day.........................and/or the employer can be penalized.

3. Agreed that original Testamonials are property of employee and employer has no lien on it.

You can lodge police complaint.

Do you have any acknowledgment/admission of having received/retained the original Testamonials?

4. What was your last drawn salary?

5. With which board/Univ. the Inst. is attached?

6. Did you sign any contract/appointment letter?

You may post the exact extarct from appointment letter on probation/Confirmation.

Do you have copy and POD of notice of resignation tendered by you?

Has the establishment/employer/bosses forced you in writing?

Have you recorded the forced conduct (audio/visual/witnessed/minuted)?

What is your designation and nature of duties  in appontment letter and on record?

You are in which state?

Whats is this establishment; Commercial/Industrial?

Does it have Certified/Model standing orders and does it apply to your designation?

Originally posted by : Shabber
	0down votefavorite   I have been working with my current employer since 1 year 11 months. Generally, the employees receive a confirmation letter after probation which is generally 3-6 months. As per the company's policy either side can give 15 days of notice or payment and terminate the services. I have not received the confirmation letter yet even after 1 year 11 months and when I resigned now , they are forcing me to stay for 2 months and serve notice period of 60 days. I have made a couple of request yet they are not relieving me. Seeking legal advice. Please help

What is the probation period? After completion of probation period the employer is bound to either appoint or reject the employee. If they intentionally drag the employee on probation it amounts to unfair practice. Tender your resignation, service notice period of 15 days, stop going to work and claim full and final settlement. 

Cite relevant clause on notice period/pay in appointment letter (under proper acknowledgment) and don't forget to submit final resignation (and mention reference of notice of resignation)..................