My company not giving relieving and experience letter to me.
Mr Amey
(Querist) 28 July 2013
This query is : Resolved
I am in a big trouble with my company. I joined my company as a fresher last year in january. I have a good record in my company and i also got an increment in mid year. Last month i gave a resignation letter to my boss with a notice period of 25 days for joining another company. I served my notice period with the company till last day. But on last day while leaving this company i mailed all my personal details including my work reports on my pc to my personal mail. They found it out and took all my login details of my personal mail. They changed the password and told me that they will verify the files that i have mailed to my personal mail. I want to know that have i done a big mistake by mailing my own personal details on pc. What shall i do to get my relieving and experience letter ?
Kumar Doab
(Expert) 28 July 2013
Generically speaking; It is common understanding that work reports are submitted by employee and one copy is for the employee………………………………
The copies of the work reports can be retained by employee…………………
If it is a policy of the company that no copy shall be retained by the employee then such policy and its printed version should be supplied to employee/kept in knowledge domain of the employee/ supplied in the form of a welcome kit etc………….. at the time of joining of employee or whenever such policy is framed for compliance by the employee.
Gossip and rumor can not be rules and policies.
Company’s internal policies can not be law of the land but have to be in line with law of the land.
You have posted that:
--------“They changed the password and told me that they will verify the files that i have mailed to my personal mail.”
Let the company communicate its findings in reasonable time.
Have you violated any policy of the company and have you forwarded any document which does not bear your signatures and is exclusive property/proprietary information or document of the company?
---------“They found it out and took all my login details of my personal mail. “
They can not do it for your personal email. This can be termed as illegal/unlawful………………
The company and its personnel who have indulged in this activity may be charged for trespassing, possession by force………………..
The systems of the company are usually administrator controlled and thus the log in details and password are in the knowledge of the company’s system administrator.
Therefore at any time during employment or after termination of employment the administrator can access the official email and all data in PC allotted to employee.
Hence company can access the sent mails from PC allotted to you………………….to your personal mail.
The log in details and password of the personal mail can be reset by you by making request to say………………….gmail/yahoo etc and by answering some security questions………………………………..You may get in touch with experts well versed with such matters and do the needful.
You would need some evidence, witness, proof that company and its personnel have forcefully, within the premises of the company extracted the log in id and password of your email (personal property)……………………..Act smart and prepare well to obtain the evidence say………………audio/visual during which the company’s personnel admit on record.
At an appropriate time in appropriate forum this may become your leverage and negotiating arm and you may succeed to put feet on the tail.
In the meantime you may as ap approach a competent and experienced lawyer and show all docs on record and give inputs in person and proceed under expert advice of your lawyer.
It is felt that you would need a lawyer. Let all communications now be now structured and drafted by your lawyer.
If there are trade union in your trade approach them. The effective leaders know precise ways how to handle such issues.
Raj Kumar Makkad
(Expert) 28 July 2013
Serve a legal notice failing which file a civil suit as already advised to you.
Mr Amey
(Querist) 29 July 2013
Thanks a lot Kumar Doab for your helpful advice. Now i would follow your advice and do whatever i can.
Kumar Doab
(Expert) 29 July 2013
As advised by Mr. Makkad approach your lawyer.
Proceed under expert advise of your lawyer.
You need to establish that there is no transgression at your end and there is a transgression by officials of the company.
It is felt that you would need a lawyer. Let all communications now be now structured and drafted by your lawyer.
Kumar Doab
(Expert) 05 August 2013
Mr. Raj Kumar Makkad
Sir,
You have been helping and many have benefited from your valuable advice.
You have made immense contribution to this Forum.
We are fortunate to have seniors like you, around.
