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Ram   12 September 2017

Submitted original certificates for job

Hi,

I had joined in an Educational Instititute (corporate office in Mumbai) last year submitting all my original documents .As in appointment letter its mentioned 1 year will be probationary period and will be confirmed officially.My probationary got overy by 2017,March itself.Till August I didin't receive an confirmation and shooted a mail to confirm my employment status.Still there was no reply.I recently had got a new job.Yet to put my papers.Now they are asking me to sign my confirmation letter.

The clause in appointment letter is

 1.If I am in probationary employee 1 month notice/1 month salary.

2.After confirmation 3 month notice/3 months salary.

As I didnt sign the confirmation letter I had given 1 month notice which they are telling.though officially it not confirmed,after 1 year completion ,its default the employees's employment is confirmed.

And refusing to provide the originals.

How can I proceed on this.

 

 



Learning

 5 Replies

Kumar Doab (FIN)     12 September 2017

1st thing 1st: Try your level best to firm up with next employer preferably in writing that they may accept and absorb you on the strength of copy of notice of resignation/final resignation and at the most it’s POD alone and must not resort to any action like termination if the current employer does not issue acceptance of resignation, relieving letter………

Employee can submit acceptance of resignation, relieving letter………only if it is supplied by employer.

 

You may explain the situation and assert that current employer may issue adverse comments in BGV and future employer should stand by you…

Kumar Doab (FIN)     12 September 2017

 

You have not posted the Imp. Detail: What is your designation and nature of duty?

You are employed with teaching Instt. As a Teacher or Non Teaching employee?

Kumar Doab (FIN)     12 September 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 

Kumar Doab (FIN)     12 September 2017

Why should employee sign on dotted line with such conditions; depositing original educational certificates? There are threads/publication in which employees have submitted signed cheques/DD’s/FDR’s and then suffer harassment.
 

The language posted by you does not indicate deemed confirmation after 1 year.

You are not confirmed in writing.

Kumar Doab (FIN)     12 September 2017

You have the option at your side to ask in writing under proper acknowledgment to return your original educational certificates, immediately?

    

Notice period is part of service condition that is negotiable and employers are known to increase/decrease as per IT’s convenience.

 

Employee is under NO bar to declare that notice period be renegotiated.

Can you muster courage to write on said  letter that you accept it subject to condition that notice period shall remain;………months?

If NO, then let employer communicate anything in writing to you and you may reply suitable upon receipt.

 

 

Did employer ask in writing in job advt, interview call letter, offer letter, appointment letter, and any other communication to submit original educational certificates and explain reason for such demand?

 

Did IT issue any acknowledgment?

Did you ask to return the originals in writing under proper acknowledgment?

Did IT decline to return the originals in writing?


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