Employee should build complete and favorable record while in office and keep copies and POD.
Employee should apply exceptional levels of persuasion, persistence, negotiation, reasoning skills and resolve the matter in his favor while in service. This shall be the quickest and easiest solution. Employer does not marry the employee and employee should also not treat employment as marriage. Employee should deliver performance, remain amiable and firm when situation demand it. Majority of the employers, line management, HR apply tactics, flout norms and are aware that a strong willed and properly informed employee can put his feet on their tail and avoid conflict with such employees.
Subsequent to your resignation or notice of resignation you may submit a carefully structured representation in writing under acknowledgment addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary and narrate all representations made by you so far {mention name, designation, dept, address of all company personnel and give date wise detail of all representations made by you in person, in office, by email, letter etc and highlight the ones made to good offices and line management, HR} and conclude that company has not supplied the letter of increment, salary slips for the months of ………despite your unlimited representations and you have been clamoring for these, fro many months. You may mention that notice period as mentioned in clause number……..in appointment letter dated……issued to you is …….month and thus you have not signed and accepted any change in notice period after the issuance of appointment letter till date however you are being coerced and forced to serve notice period of ……….months which is unfair and the good offices should advice all concerned to impose notice period of one month only and notice pay in lieu of notice period clause as per appointment letter only and thus provide relief to you and that your last day in office as per notice submitted by you is dated….which may be duly recorded.. You may mention that good offices may inform you to whom you should handover the charge and company property { if any} and designated employee should be advised to provide receipt to you on the spot, and you should be supplied payment of your wages and dues by bank DD and documents e.g. acknowledgment of notice of resignation, increment letter, salary slip for the months of …. Immediately, and acceptance of resignation, correct FNF statement { with leave encashment, bonus, performance pay etc}, Form 16, work experience/service certificate, relieving letter, NOC/NDC, PF number, PF accumulation reports of all years….. etc, by your last day in office. You may be assigned duties on routine basis which can be completed up to and within your last day in office i.e. dated……….You may mention that all communications and payments be supplied to you by redg. post only and postage prepaid{ as purchased from PO} self addressed envelope is enclosed.
You may issue regular reminders. You may submit final resignation by the close of office hours on last day in office.
Salary slip should be ideally signed by both employer and employee.
Company has to keep proper record and maintain record in proper format and forms.
It is good that employee is maintaining his records. If FNF statement is not correct employee may reject to accept it in writing, however employee should obtain FNF statement. Employee may accept the FNF payment but should submit in writing under acknowledgment that FNF statement is incorrect and payment is received under protest.
For PF account slips also employee should raise demand in writing and if employer is not supplying these employees may lodge a complaint with o/o RPFC, and follow up by RTI.
The contact details are available at:
www.epfindia.gov.in
Employee can approach o/o Labor commissioner, Inspector under SE Act.
The Inspectors under various enactments can call for records.
SE Act of Delhi is enclosed and you may go thru it.
Company may yield to legal notice of the lawyer or employee may have to agitate in appropriate forum.
Inform the next employer of facts preferably in writing even if by email and explain that your current employer may not issue you salary slip, FNF statement, acknowledgment and acceptance of resignation Form 16, work experience/service certificate, relieving letter, etc, and you can provide only the copy of resignation and its POD and you may be absorbed on the strength of these only. The next employer may do so or ask you to sign an indemnity bond language/draft of which may be supplied by it. The next employer may mention that you shall have to provide the relieving letter, etc within dated…….or your appointment can be terminated. Hence settle all terms beforehand.
The designation alone does not decide employee is a workman or not.
Companies burn extra oil to subdue an employee to not to approach a lawful authority and forgo his rights and that he/she is not a workman as many of the enactments applicable to a workman limit the choice to employer.
Employee can agitate under Payment of Wages Act and approach Wages Inspector for payment of your wages.
If the establishment is covered under SE Act or Factory Act employee can approach Inspector/Chief Inspector under SE Act or Factory Act.
Employee should act smart. Be smart.
