Keep on trying till you succeed while in job. This shall be quickest and easiest solution.
Apply your goodwill, rapport, and exceptional levels of negotiation, reasoning, persistence, persuasion skill. Submit minutes of each representation with a copy to you.
Try and obtain copy of standing orders ( if any ) , employee rule book, HR policy, employee policy rule book.
You have posted that:
--“notice period for employee side was further raised to 6 months using a special contract. But employer side notice period was still 1 month (contract on unequal terms).”
Your interpretation is right.
SE Act applicable to Delhi is enclosed.
Notice of dismissal applicable is 1 month. You may request for Service certificate under the act which is government version of relieving letter without any column/scope for adverse comments.
--“The Company is demanding from me the remaining 3 months money.”
Has the company demanded in writing?
Let them demand in writing or vide FNF statement. You should gently refuse to pay any amount until a correct FNF statement is supplied to you by redg. post or by last day in office. You must affirm to pay the amounts as per correct FNF statement.
“I have responded to them that I am doubtful about the terms of the contract and I could only pay after I verify that it is a fair contract. “
Submit your contentions to good offices in writing under acknowledgment and request for reply in writing relief.
--“I am leaving in a few days but the company is denying me experience/relieving letter (although my manager has accepted my resignation and I've completed all the project reponsibilities -- everything on email).”
Who has denied? Put their names, designation, dept., address, date of denial, in your representation to good offices.
Has the denial been made in writing? Is there any one who shall affirm it as witness?
Forward copy of all emails and obtain printouts.
Develop such a relationship with your next employer and become indispensable with your performance, so that if any adverse comment is made in reference check you get a copy.
You shall be able to take these HR personnel to task/charge/summon them in their professional and individual capacity. Such individuals are not fit to be left to loose around in a civilized society.
If they are being pressurized to perform some illegal, unlawful, unprofessional, unethical task, they should stand up and be against their masters and refuse to perform the task. Instead if they execute and become executioners they deserve a severe and harsh penalty to deter them to be offender again in future.
Where were they when employer pushed invalid contract? Who drafted it and who passed it?
Inspector under SE act can call for and examine all records.
Company Secretary is usually VP-legal. You may address and submit your representation to Company Secretary or Head of Legal cell as well.
--“The company HR is saying that if there is a reference check they will say I'm 'absconding”.
This implies these HR personnel are making a verbal statement and are refraining to put it in writing.
Employee should record such transactions (audio/visual) for use at appropriate time in appropriate forum. Employee should speak the date and time office address, and make other party speak date and time. Employee should attempt and keep a witness, may be a fellow colleague, union leader, friend.
This is nothing but inflicting terror, coercion, pressure, criminal intimidation.
Ideally employee should submit minutes of such transaction to good offices of appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR and build favorable record.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these
Enactments or approach civil court.
You have the option of approaching a competent and experienced service lawyer and seek opinion. In Delhi you can get the counsel of excellent lawyers.
In your sector it is need of time to be united and join hands.
Sooner the better. Try to unite like minded individuals and form a union. Let each state do away with non applicability of Applicability of Standing order to IT Industries.
It is the vote bank which makes the things happens. “Employees” is huge vote bank.
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https://www.lawyersclubindia.com/forum/Experience-letter-and-relieving-order-after-termination-62258.asp
State of Karnataka also does away with Applicability of Standing order to IT Industries.
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https://www.lawyersclubindia.com/forum/Resigned-from-company-but-didn-t-got-any-acceptance-letterhi-62555.asp
Absconding/Deserting:
The term “Absconding” might have been mentioned in your appointment letter. Company might have mentioned if employee is absent from work without any intimation/absconds, for…………….days, his services can be terminated.
Or absence from work for……….days would amount to absconding.
In other words; terming the abscondment/desertion as breach/repudiation of contract, or dismissal of employee by employee himself.
Employer does not want to follow process of termination/dismissal and wants to avoid dismissal/termination, and therefore tags the file as absconding/deserting and closes the file. Employer believes and it is a fact, majority of the employees get subdued by the tactics applied by companies, and majority of the employees are ill informed.
The question arises where an employer has an effective way of communication with employee………..why the employer does not communicate effectively? In today’s world effective way of communication are in use in office of employer, e.g. email, courier, mobile phone, landline phone, speed post, telegramme, advertisement in leading and local newspaper, contact with family, thru peers/colleagues, legal notice etc. If all reasonable attempts to contact have failed for all practical purposes company can terminate the services. Company should be in a position to produce set of documents and POD of each communication. In your case company is leveling a charge of deserting/absconding despite the fact the fact that you have supplied the resignation by effective way of communication i.e. email. If at all company wanted to respond company could have responded at your email id.
The question arises why your company did not communicate effectively before terming and declaring you absconding?
Has the company described any ceremony to be presided by Head of the Town, which employee has to attend after tendering resignation in appointment letter or some corrigendum, circular, standing orders, which you failed to attend.
The employer like a feudal mind wants to have absolute control with iron fist, handle on employee. Company might have prepared a employee/HR policy for internal circulation, mentioning if employee absconds experience certificate/relieving order shall not be issued!!!!!!!!!!!! Company might have it in standing orders????????????
However all policies, rules have to be kept tin the knowledge domain of the employee.
Gossip and rule can not be rules and policies.
If company states you have absconded compnay shall have to prove it and produce the communications sent by effective means of communication and its POD.
Inspectors under SE Act can call for records and can ask to produce record for examination.On your complaint if Inspector checks record/ registers, your personnel file and finds in case of many employees company has tagged many employees absconding it shall be a trouble for company. This HR person shall be in trouble.
