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Amit (owner)     06 March 2012

F & f

Dear All,

I have a friends who used to work for a IT company and he was helping his friend in sourcing few profiles from the job portal as a help. Now the company have come to know that and have asked him to resign which he did. Now the company is not paying him the last month salary and not giving him the experience letter. When asked the company is saying that they are taking a legal opinion for the same.

Can you please let me know what would be the legal opinion on these case?

Regards

Amit



Learning

 1 Replies

Kumar Doab (FIN)     06 March 2012

Employers’ do not tolerate such habits of employees. Employee should refrain from indulging in such activities. Even if some one whispers to employer, companies take such strong steps. If employee is innocent he can lodge a complaint for forced resignation.

Has the employee given any confession in writing and has the company accepted the resignation in writing?

If the resignation was with immediate effect company shall adjust notice pay in FNF statement.

If the company has not issued any memo/charge sheet/show cause notice and supplied it too, then company has not leveled any charge.

The employee must submit a gentle representation by letter by redg/speed post followed by email, under acknowledgment, addressed to good offices of appointing authority, MD, Head-HR and mention all representations made so far date wise, by email or phone call or in person/by letter and ask to supply by redg/speed post: acknowledgment of notice/resignation, acceptance of resignation, payment of dues by bank DD only, FNF statement, form 16, PF number/accumulation reports/withdrawal-transfer forms, work experience/service certificate, relieving letter, NDC/NOC, bonus, gratuity ( if eligible), incentives, rewards/awards etc so as to reach within say 15 days. 

Company may try to respond by phone call. Employee should record such situations( audio/visual).

If the company does not provide any reply/payments/documents employee may approach a competent and experienced service lawyer or o/o Labor Commissioner/Wages Inspector.


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