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mukund (senior software engineer)     10 August 2014

Experience letter / final settlement

Sir, I was working for company Eion Telecom from July 2012. Eion is a group company of Ashkom Media India Pvt Ltd located in Bhopal. Avaya was the client for Eion Telecom. I was directly working from client office Avaya in Bangalore. During May 2014, Avaya informed that it was not extending contract with Eion and contract was till end of June. Eion told me that they cannot keep me after that period. All this was over phone calls. No official communication or email was sent regarding this. So I started searching for other opportunities in Bangalore. On last working day at Avaya i.e. June 30 2014, I completed all release formalities and handed all assets back to them. I did not have any assets from Eion Telecom. On 1st July I asked for Experience letter and final settlement. I was told that I will not be given any of those since I have not submitted my resignation to Eion. I needed those documents to join new company. So I was scared and sent my resignation on July 2, 2014 by email. More than a month has passed since then. I have only received a relieving letter from Eion saying that my last working day was june 30, 2014. This letter does not mention the duration I have worked at Eion. I have asked them several times for experience letter and final settlement which includes salary for month of June 2014. I am worried about this since any company in my field has a background verification process and these documents are mandatory for that. If anybody can guide me with this I will be very grateful.


Learning

 6 Replies

Kumar Doab (FIN)     10 August 2014

 

You are facing difficulties because you did not consult elders in family, competent and experienced well wishers, employee’s unions, trade union leaders, labor consultant/service lawyer or law firm and acted on your own, although you were not properly informed.

 

 

You were employee of M/s Eion and you should not have submitted the assets etc and subscribed to directives of M/s Avaya, until M/s Eion confirmed to you in writing OR until you had submitted everything in writing to M/s EION.

M/s Eion was to communicate to you if they wanted you to relocate to some other client location and if their contract with M/s Avaya had ended/not renewed or if they wanted to terminate your employment.

You should have written about information being given to you by M/s Avaya by phone calls only to M/s Eion and sought the directions.

Since you seem to have submitted resignation with immediate effect apparently M/s Eion has squared off your dues by adjusting notice pay and is holding on to FnF statement/settlement and service certificate.

Hope you have incoming/outgoing call details of all calls received/made to/from M/s Eion/M/s Avaya.

Did M/s Eion issue offer letter and appointment letter (both) to you?

Did it supply slary slips of each month of employment, PF number, ESIC card,Form16 etc?

Has it supplied any FnF statement to YOU for verification and acceptance?

Was your service confirmed in writing or were you still under probation period?

How many employees are employed in M/s Eion?

What was your designation and nature of duties?

Service certificate should be issued to all employees: Model Standing Orders; Sec16…………..

 

Before you write anything show all docs on record to your counsel and proceed under expert advice of your counsel and draft your representations carefully to suit your long term interest?

 

You can approach Inspector Under:


Karnataka Shops and Commercial establishments Act

Payment of Wages Act

mukund (senior software engineer)     23 August 2014

Mr. Kumar,

If you can provide your services in this regard, I would like to have a word with you.

Can you please send me your mobile number so that we can have a discussion

 

Thanks

Mukund

Kumar Doab (FIN)     23 August 2014

I am not at Bangalore.

At Bangalore you can find Lawyers/Labor Consultant's par excellence.

Labor Law/Service matters is all together different field and in each city there are Labor Law consultants/Service matters lawyers that specialize in it. They are well known and usually such cases are referred to them.

If you wish to access lawyers using LCI databank you can conduct search at;

https://www.lawyersclubindia.com/lawyers_search/#.U_ie8sWSwb8

 
 
At the moment I am not making any suggestions/recommendations.
 
You shall need to settle your T&C, fee etc with your lawyer on your own.
 

 

mukund (senior software engineer)     24 August 2014

Mr. Kumar,

Thanks for the response. I would like to mention that Eion is located in Bhopal

whereas I am in Bangalore. I worked for client from Bangalore.So I would like to know if it is better to select a lawyer from Bangalore or search for one in Bhopal.

 

Thanks

Mukund

Kumar Doab (FIN)     24 August 2014

The jurisdiction of courts can be at: Location of::::: employee, Redg. office of the company, jurisdictional courts as inserted in appointment letter...................

The company is most likely to contest the jurisdiction.

HC can be approached to set the jurisdiction.

The Labor authorities may accept the case at Bangalore.

You may have heartful discussions with your lawyer, at Bangalore understand the merits and possibilities and remedies.


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