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swat (Unemployeed)     07 November 2012

Releasing & experience letter

 

Hello,

I was employed by a company based out of Kolkata (head office) for bangalore location on 20 May 2012. But within a week I was asked to come to kolkata for a project execution and since then I'm in kolkata. So durnig my stay in kolkata I was provided an accomodation by my company.

On 20th October for my grandfather passed away, so I had to rush to my home town near lucknow. I had informed VP and my HR team about the same over email and left from office. As i reached to my kolkata home(acc provided by company) I realised that I didn't have the house key so I immediately called up land lady and informed here about the matter and asked if she had a spare key but she acknowledge that she had no other key and she cannot help in this matter anymore and disconnected the call.

 

I never had any house key because there were only 3 keys and it was with other flat members. So i ended up calling everybody asking for there where abouts but most of them had left for their home(native) since 22nd, 23rd and 24th was holiday in kolkata bz of durga puja.

 

Now I had only one option left and that was to break the main door lock, so I called up the appartment security cheif and an additional security gaurd along with a carpenter to break open the door. I also informed other flat mates about the same. After I broke the main door lock, I took my luggage and locked the door in presence of security gaurd. Which now I have in writting and signed by him. After all this I left for my native.

 

Now due my medical condition detoriating I was not able to return back on 29th October to office so I informed them about this and sent out a SMS over phone to my VP(since I was reporting to her directly) on 29th October. later next again I called up to my HR and informed that because of health condition I will not be reporting to office for a few days. On wednesday I sent out an email to my VP and CEO making an apology for the inconvinence caused because of my absence and that I would compensate if required by overtime and weekends.

No replies on these emails.

All of sudden I got  a call from VP saying that I am guilty of searching other jobs and that she wants to meet me and that my job is in danger.

So I immediately sent out another email saying that I will be reporting on friday and that I'm clean on this. Still no replies.

On friday when I reached kolkata the place where I stayed I saw that my luggage was thrown out in living room, I gatherd everything and left for office. 

After reaching office I was aksed to sit in room and made to wait for long enough. later HR team came and showed me the letter of claim made by my landlady of mental harrashment, damages to her property and mental trauma because of the broken lock incident. HR team forced me to resign and I submitted my resignation and told me that I had to pay for the damages also. So I resigned and went back to the house and repaired the damanged door.(very minimal damage).

Now my organization says I first need to get the NOC and then they will release my dues and relevent documents. but they are not ready to give me a copy of complain made by landlady (house owner) saying that I should obtain the copy from her. When I talk to here she get her husband in between and says that I should give money and then they will release the NOC.

My employment agreement says that if employee resigns before one year then no release letter will be provided.  I have been working here for almost 5-6 months.

Can somebody please guide me on this. currently I'm staying ion lodge and running behind both the purties to provide me the documents required for my futhure emplyment.

I accept the fact that I did a mistake by breaking the lock but during that circumstance that was the only option I had.

 

Everybody around me is saying that I should give money to that lady (she she is a lady she can create more problems) and leave kolkata, get out of the matter.

 

I 'm still in kolkata and will leave kolkata only after settling this matter.

 

Much thanks in advance for replies. 

Swat



Learning

 1 Replies

Kumar Doab (FIN)     07 November 2012

It is felt that you have done enough and instead of wasting your time by rolling between the company and landlady you may approach a competent and experienced labor consultant/service lawyer with all docs and give inputs in person.

Your lawyer may opine that you can agitate at Bangalore or may even suggest your native town.

Your lawyer may opine that you may pay the landlady obtain NOC and sue the landlady and company from your native place. However prior to that you may submit carefully structured communication in writing under acknowledgment addressed to the good offices of your appointing authority, MD, Company Secretary, to suit you in the long run.

Your lawyer may mediate and settle the matter in your favor.

Or you may approach your community leaders and let influential and elder leaders mediate and relieve you without any adverse affect on you.

Have you given your permanent address in your job application?

Have you expressed in any of your representations that you were asked to tender resignation on dated………by Mr/Ms…….designation………dept……..address…..and you done so and now you have been clamoring to get your docs e.g………..acknowledgment/acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, FNF dues by Bank DD, form 16 as per correct FNF statement, PF number, PF account slips of all the years, NOC/NDC etc, and payment of your dues.

You have posted that:

--“My employment agreement says that if employee resigns before one year then no release letter will be provided.”

It is strange.

--“ All of sudden I got  a call from VP saying that I am guilty of searching other jobs and that she wants to meet me and that my job is in danger.”

Did you apply for another job in another company? The other company might have contacted your HR for reference check.

It is not a crime to look for another employment.

You should have submitted leave application with copies of the certificate/Rx issued by doctor.

Probably you were extending leave by SMS phone calls, company got suspicious.

May be the whole drama is enacted to corner you.

Some times some zealous and suspicious individuals have their own way of looking at the things and they can go to any extent to step on the toes of employees.

Having extracted the resignation what is left to relieve the employee.

Company can provide copy of the claim/complaint of the landlady and ask the employee to compensate the company/landlady. That shall be upfront and fair.

--“I took my luggage and locked the door in presence of security gaurd. Which now I have in writting and signed by him.”

You may enclose this written document and affirm that you have already done the needful and now company should also co operate and supply you the certified copy of the complaint if any by landlady and claim if any lodged by landlady.

The contract if any is between the company and Landlady. The claim if any has to be against the company. If any claim has been lodged it should be provided to you for your reply/explanation on it or even to facilitate the payment of exact amount of the claim and to protect you from future liability {ies} from company and landlady.

Your lawyer may opine that you fall within the category of workman.

Industrial Employment Standing Orders has provision of service certificate and payment of due wages to be supplied to employee on last day in office.

If it is an IT company you can approach Inspector under SE Act at your location Bangalore.

Company may yield to the legal notice of the lawyer or you may have to agitate in appropriate forum.

Valuable advice of learned experts/members is sought.

 


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