Firm denies from providing relieving letter&experience lette

Did you submit notice of resignation/resignation?

Do you have the copies, acknowledgment, POD and acceptance by establishment?

Do you have acknowledgment of handover?

Has the company issued and supplied any termination order?

What is the misunderstanding?

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Hi Sorry for not giving out the complete information. The company is based in bangalore. I have been an employee of that company for almost 9 months. The company is an IT company and my designation was Software engineer. No i wasnt on the notice period, and the notice period is of 3 months duration. And i have not submitted any resignation. I had a discussion with the HR and on a mutual understanding i handovered all the items. The records of my employment over there is my joining letter and the payslips. The misunderstanding was, i was struck by dengue and i visited my office with my reports and blood tests which clearly stated that i was suffering from dengue. Had a meeting with the HR as my manager was absent on that day, and explained him the situatiom stating him clearly that as soon as i get well i would come to back to office. After 18 days i directly get a call from my HR saying that he needs to meet regarding my employment in the company. After which i was aksed to resign and now they are blaming that i have absconded from duty. And during those 18 days of my treatment no contact was made from my company to me in any manner!! And neither they have handed me any mail stating that i am terminated.

Dear Sir,

Normally in any company, notice period would be one month except in certain jobs.  Since you have accepted notice period of 3 months you have to follow the same.  Whether it is termination or resignation depends up on your mutual understanding in between Companyand yourself.  Before handovering the charge you would have ask them written termination.  Now there are so many options to the company to avoid terminal benefits and releaving letter. Better to wait  for some time and send notice to the company by proving termination. 

Asking to resign, to handover all items that are required to access workstation and do daily work, collecting all items that are required to access workstation and do work, blocking access to office and workstation may get termed as ‘Deemed Termination’.

Contracting Dengue and falling sick is not misconduct.

Unable to attend to office due to sickness is not misconduct.

Submitting information of sickness is not misconduct.

Appearing to rejoin after recovering from sickness is not misconduct.

Charge of absenting/abstaining/absconding as per details posted by you is not justified.

You (employee) should have built some written record covering everything e.g; sickness, asking to submit all items by HR, having submitted all items, appearing for rejoining, call by HR to meet, asking to resign etc etc ……………

You have neither resigned nor absented/abstained/absconded, nor committed any misconduct and nor are given any opportunity of hearing, natural justice, inquiry nor are terminated by a speaking order.

The whole game seems to get rid of an employee that has fallen sick and may be to avoid payment of sick leave, medical coverage etc etc……….and even avoid termination and coerce the employee to give up everything and every right.

What would you gain from asking for any getting termination order?

Did you contract Dengue at workplace during work hours?

Do you have whole medical record to substantiate your period of sickness?

Has the company provided you with any mediclaim policy?

Are you eligible for ESIC and has the company provided with ESI coverage?

 

If you can’t resolve the situation in your favor by your own skills then you need the guidance/support of elders of your family, competent and experienced well wishers, employee’s/trade union leaders, Officials of Dept. of Labor, your own very able Senior LOCAL counsel/Lawyer/Law Firm of unshakable repute and integrity specializing in Labor/Service matters and having successful track record in Courts of Law, courts of law…..

 

Perspectives: There are publications suggesting that citizen can claim damages from local admin/authorities e.g; MC if citizen contracts Dengue. You may check locally if you want to claim locally.

Claim sickness related benefits from establishment.

Get the opportunity of rejoining and leave thereafter if you wish, with proper relieving docs.

Negotiate properly and you may succeed to resolve the situation in your favor.

 

If you resign with immediate effect the establishment and this HR person may square off your dues with notice pay.

You should reply pointwise to all points, so that response can be posted and discussed , for your own benefit.