Experience Letter and Gratuity
Nikhil Sikka
(Querist) 12 November 2015
This query is : Resolved
Dear All, I worked for an Software MNC from Jan 2010 to Jan 2014 .
In December 2013, my wife developed health problems and i asked my manager to grant me leave to see her in Florida, USA....I was on vacation in USA (this company's HR gave me NOC) to meet my ailing wife..
In Jan 2014, before my stipulated vacation was going to be over, I emailed my manager informing him about the situation has gone worst and asked him to put me on LWP (leave without pay) for few more weeks after discussing with management. Since, he gave something as a wrong impression to HR that i deliberately took more days.
HR told me to resign or else they will take disciplinary action. I knew they will not help so i resigned as my wife was unwell and i was required to stay with her or else it could have been more severe. In July 2013 i had already lost my father due to illness.
HR then accepted my resignation and asked me to return the company laptop so that they can give me my experience letters.
(I have that email where HR clearly mentioned this). I had then sent the laptop from usa to india and since then i am chasing them to give me the letters.
a. Company had not given me Form-16 of Year 2013/14.
b. This MNC had a signed policy with every employee where they will gave gratuity post 3 or 5 years of service, and i worked for 4 years but they did not provided my gratuity money.
c. My Full and Final settlement documents are not given.
d. Experience and Reliving letters are not given till date after chasing them for almost 2 years through calls, emails, personal visits to office etc .
If i call and talk to the HR person, he asks me to come to office and take the letters from him (i have voice recording proof). But when i go then he refuses and delay and makes mockery of my personal problems.
If i ask him after few days, he says he will courier (i have sms from him as a proof of this) and they want to give the letters but ultimately they are not providing me any letter and delaying the matter and causing me mental agony.
I asked one of my friend who is still working with the same company to talk to the HR person, again HR said he is going to give my letters to him but he again rejects at the last minute of following up after several times . This is happening from last 6 months and also i left the organization in Jan 2014. I have feeling very much frustrated and very much cheated and harassed. I am not able to get a job now due to depression after i returned from USA in May 2015 and mentally i'm feeling that going into acute depression.
The problem is that HR after several follow up says he will give, after few more follow up he then make mockery of this and refuses.
I want to sue this company for 10 Lakhs rupees or more for causing me mental agony for 2 years and i am not able to get a job due to this and going into depression and they are causing my career to go into distress and fail. Long back, I have even changed my profile to join this MNC as they promised me a good career but in the end they are totally cheat and took advantage of my personal and family situation to replaced me and now continue to cause me agony by playing with my emotions and career.
My question is
a. how can i get my letters ? and
b. if i put a case of 10 lakhs as labor court against them then what is process and will i get a win in this case?
c. and also if the case is going to effect my any other immigration process in future or not. (immigration process ask if i have a civil or criminal case pending ) this i believe will not be fall into that category and will be a labor court case.
d. The HR manager who delayed my case is no longer with company now. He left in Nov 2015. I have another recording of a current employee telling me that my ex manager has clearly stated that the HR Manager had taken out his frustration on me by not issuing me any letters. Now If I follow up with new HR manager they are making fake allegation that I had a misconduct with them.
Nikhil Sikka
(Querist) 12 November 2015
Plead to respond to this question from civil and labour court lawyer and the cost of filing court case is important too.
Nikhil Sikka
(Querist) 12 November 2015
Please repond to this.
Kumar Doab
(Expert) 12 November 2015
Gratuity:As per your post it is payable after 3years in line with company's policy signed with you.
Submit FormI under proper acknowledgment to good offices of appointing authority,MD,Chairman.
FnF statement/Form16/NOC/NDC/salary slips of all months/PF a/c slips etc: Demand FnF statement good offices of appointing authority,MD,Chairman.
Experience/Service certificate/Relieving letter/everything else: Demand from good offices of appointing authority,MD,Chairman, to be supplied by Redg. Post say within next 7days.
Narrate all representations made so far and mention names/dates/email id's/brief minutes of discussions etc..............
If good offices also do not provide relief, lean on your counsels in employee's/trade unions, Labor Law Consultant............
Your counsels can guide you further.
You may come back in this thread after you have received some or no response from good offices.
Rajendra K Goyal
(Expert) 12 November 2015
Well guided by the expert Kumar Doab, agree to it.
Nikhil Sikka
(Querist) 12 November 2015
Pls tell me if I file the civil case what will be charges for court fees and will those be refundable. I have tried my level best to request everyone in the company but noone is helping and at last I believe I will have to sent a legal notice. Also someone told me that I can file a RTI to this private limited firm and ask for my joining and relieving dates which can hold good for showing in my newt company.
Kumar Doab
(Expert) 12 November 2015
Form16; Has to be issued to all employees or employer can be penalized. Lodge complaint with IT Inspector where you file ITR and jurisdictional CIT-TDS where company files ITR.
You remained unnecessarily with HR personnel. escalate to good offices and let new HR person issue everything even if delayed.
You can also approach: Inspector appointed under Shops & estbs Act for certificates. Each commercial establishment has to submit various registers prescribed under Shops & estbs Rules pertaining to employment history e.g. DOJ/LWD of each employee and you can obtain it from company/Inspector or thru RTI thru Inspectorate........................or seek help from o/o Labor commissioner, higher officials of Dept. of labor.
Your counsels can advise you on the merits of Civil suit with damages and also expenses etc...........
Gratuity: Your counsels may opine that you can approach consumer fora as well.
Now consult an able counsel, specializing in labor law.
Dr J C Vashista
(Expert) 13 November 2015
Contact, consult and engage a local prudent lawyer practicing in service matters.
Nikhil Sikka
(Querist) 13 November 2015
Thank you Mr.Kunar doab sir. Really Appreciate the humble help. :)
K.S.Srinivas
(Expert) 13 November 2015
Consult lawyer dealing with labour and service matters.
Nikhil Sikka
(Querist) 15 November 2015
Sir. Pls be some more procedural in the RTI process. My employer has registered office in CP, New Delhi. I now have got the LC office address through the website. Do I have to send an RTI to LC office or LC office will send RTI on my behalf to my ex-employer. If there is anything I am interpreting pls help. My lawyer is ready to file a notice but I be required to show employment evidence to new offer that I have, so I definately needs RTI to be filed in correct order. Thank you.
Advocate/CS Sanjeev Kataria
(Expert) 29 November 2015
your query is too long, but my suggestion is to file your claim with authority appointed by state govt for payment of gratuity. the gratuity can be paid at the time of discharge, retirement or termination. min 05 years is the eligibility for gratuity. you can ask for experience letter at the time of relieving and in case of denial, the concerned labour commissioner can be approached
Kumar Doab
(Expert) 29 November 2015
It has already been pointed out:
--that While you approach a lawyer choose a counsel specializing in Labor law, and preferably that stands for employee.You don't need a counsel only for sending legal notice. Thereafter you will need counsel to file case.
--write to good offices under proper acknowledgment..................for everything that have posted and we have discussed.
--the authorities that you can approach. Submit a complaint....e.g. Inspector that is at your last location in company. RTI is after that.
You can file case if required at your last location,any location where company has an office,location of jurisdictional courts as inserted in appointment letter, location location of Redg. office of the company...............,
For your next employer the salary slips of all months,appointment letter, resignation, acceptance of resignation, FnF statement,Form 16, PF a/c slips etc can serve as good as experience certificate............
Rest the counsel that you engage shall guide you.
Nikhil Sikka
(Querist) 19 January 2016
Thanks to all.. this was resolved in the Labour court of delhi.
