Employer not giving experience letter
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Employer not giving experience letter

sumit787 Started The Discussion:

Dear All;

I have been working with a software company in hyderabad since December 2006, i have got a good opportunity to part of a prestigious organization in JULY 2010.

I have submitted my resignation and offered to serve the notice period of 30 days. But the my managing director is a bit aggressive, superiorive person, who was not ready to relieve me with 30-days notice period. 30-days is the usual notice period. but my MD is an arrogant person, who have not much respect for employees, he considers like "i pays him" kind of attitude. So he threaten me like, if you talk much about 30-days noticce period, i will make you stay with 90-days notice period like that.

He didnt even replied to my resignation mail or acknowledged. Wantedly want to harass me.

So i have no other option other than taking voluntary relieving. So i submitted voluntary relieving and left.

Next day when i went to office to collect my belongings, he told me to get out. He asked me "Why did you come, came for stealing anything, what did you steal like that?". I was totally disappointed and left the office. I was been working there for 3 and half years and he didnt even respect my sincerity and how efficiently i have been working. And called me a thief... and asked whether i came for theft. it was such a disappointing experience i have.. He forgot all the work i have done for the company. How much contributions i made for the organization growth. he started treating me like an enemy...

He never replied to my resignation mails. Never answered to my calls, and mails asking for RESIGNATION and RELIEVING letter. For my future purpose, i want RESIGNATION and RELIEVING letter.

How can i obtain it. Is there any legal ways to obtain it. I was been working there for 3 and half years, how can i leave those experience behind.

How could i comfront him. Any laws or labour court where i can raise a complaint..

He is a rash person, when some body going against his will. He will consider him as an enemy and do everything to destroy their career. so many people has faced this in the past. He have wealth, so he is trying to treat every one with it..


please advice me.

nabomita1979 - Member Since: Apr 2006
Greetings,

To begin with, please draft a mail, mentioning the resignation you had tendered, offering to buy the rest of the notice period of those 30 days. Legally, when an employee resigns, it becomes the end to the employment till revoked. But relieving is done through the employer .Even though it’s an employee's right to have the relieving process completed. the process ownership is with the employer.

Hence , please tread carefully. You have put three years into the company . You would require this company to clear you during back ground verifications as well.Hence be very cordial in your communications and thank them for all the learning you gained from them. Do not act scared at any point Rather stay very gratefull . Keep sharing these documents with your new company. Till you get a clearance, these documents should help you buy time. Expect no answer and delay in replies. Be patient. You already have a deadline within which you need the clearance. Hence stay calm and communicate. Do consult legal help. But take that step only when you don’t have another way out. It should be your last resort.

Please do read this discussion.
Not getting releiving letter from company....kindly help

Wish you all the best.

Regards,

Nabomita

sumit787 - Member Since: Jul 2010
Hi nabomita. i have done all these already. I even thanked them in all ways. politely send mails to the MD. He never shows respect to replies to the mail. He never sends any replies...
I even send a hard copy of resignation email and a written mail to the MD, in registered post. He doesn't even respect that i was been working there for 3 and half years, he harassed me infront of every one, saying i came for stealing something there.

How could i deal with such a person. every one leaves this organization leaves with pain and suffering. Every one will feel like we spend all this years for nothing.

I am always thankful for the opprotunities thery provided. but when an employe want to leave, he wan't to leave with sweet memories about the work.. but this MD's behaviour makes everything upside down.. especially when people who work efficiently are relieving, he will do such kind of harassing. if the people are not much efficient respurce, he will let them leave with out prior notice period also.

I was ready to serve the notice period of 30-days, but he threaten me to make a 90-days notice period. or i should work on a new project and complete it and go.. you know when a project starts, it might get lagging, because of requirements change. so it's just a way to make me stay there, and my relieving will get delayed and he will never give relieving until that project is finished. so i have no other way left other, than voluntary relieving.

I hope you understand the kind of situation.. so please advice..

rohith.makam - Member Since: Oct 2008
Hi,

Communicate the same with your offering company, produce documents supporting them. Probably they may accept and hire you considering the situation and trusting you. If they accept to hire you then file a case against your previous employer for harassing and not completing the relieving formalities. Though the relieving process ownership rests with the employer, it forms his basic responsibility to revert to the resignation letter (either acceptance or non acceptance).

If you have done every thing correct on your part, you can file a case with no hesitation.

Regards
Rohith

sumit787 - Member Since: Jul 2010
I do not think he would ever change his mind. There are people who hasn't have experience/relieving even after 6-8 years.

MD is actually an andra based, and i am an out of state candidate in the office. there is only 2,3 people who is from out of state, initially i was the only person there. so other peoples are silent, because of MD's HOLD in the state etc.

He never replies to my queries. I have sent email, as well as postal main asking for the experience letter. he never replies. totally on a silent mode, he is doing...

Atleast he should think, this fellow as working sincerely and loyally for last 3 and half years, we have to reply to him like that. He never respects that. I am fed up.. I went few times to meet him directly, when i am there he will go out..

I was the best in technically in the organization, any issues or any problems in coding or software systems, i only used to resolve. Always my team mates used to come to me for the help and suggestions. I am not exaggerating.. still people who knows me will never say anything wrong about me.. I was very puntual in my office. i will be always in office by 9 and will always maintain good working conditions etc. but why he behaves like this. I did always best of the organization, lots of solutions i contributed for the company, still people are using it there.

I dont want him to be thankful, he is boss right. so i want him atleast respect the sincerity and the works i have done..

sumit787 - Member Since: Jul 2010
I have joined with a prestigious organization 2,3 days back. They were ready to accept me with out relieving, after getting to know about my relieving issues.

Even i have Form-16, Bank Statements, ITR acknowledgements, PF receipts etc to prove my employment. But i have heard that this is not enough for working in Top IT Companies. They will never accept with out relieving or resignation acceptance.

What will i do, if he is not even replying to my mail, accepting my resignation or even rejecting it.

Also worried in Future VISA, or on-site opportunities and Passport will have issues with out proper relieving. Too much things to handle..

I have the copies of all the communication i made with my MD. But he never replied to any.

Also i have a doubt, around 3 and half years amount in PF account, if i need to withdraw it. Does it necessary to have the employer seal and signature. If the employer is behaving described like above, i have no hope he will ever give PF Withdrawal Form sign and seal.

Can the employer could behave like that, restricting me from withdrawing PF amount.

please advice. Also i have Form-16 issues. From April-2010 to JULY 2010, he need to provide me the Form-16, since TAX was deducted from my salary on all these months. So can he deny issuing Form-16 for me?. Is there any other alternative way, i can force him to issue me Form-16 next year. Also i was worried, will he going to pay those TAX amount to Income Tax Department??.

Form-26 might have entries of this. but i couldn't see it updated in Form-16 from income tax site.

please advice..

soum76 - Member Since: Jul 2010
hi
sumit,
i guess u v gotta genuine problem. u cant go to any labour court as u r nt covered by any labour acts. u can always file an diary/fir for harrasment. they can no way stop ur pf. the best way is to get an relieving letter u need the acceptance of resignation. if u hv good relation with ur immediate superior u can always get it done. try to manage some letter heads of the company and immititate the signature of this asshole MD. u dn need 2 put authorised signatory stamps on letter head. its a simple way but u need 2 manage all this very tactfuly. only good relation with anybody in ur company can help u out.

sumit787 - Member Since: Jul 2010
Hi Soum76.

I am not quite good in making fakes. It's just a last option right.

Regarding letter head, None of them will help, because of the FEAR in the MD. For them they need that job to survive, family people. So i do not want them to jump in to trouble.

I have talked to my immediate superior. But in my office everything is decided by the MD, so he cannot do anything. MD is in the revengeful mode on me. He is acting on vengence now. All those who goes against his Will are his enemies and he will take revenge on them.

that's the way it is there. he knows about the Documents are important for our future career, so he delays that. so that we couldn't pursue a career any more..

so that's my situation.. any helps? suggestions?

sumit787 - Member Since: Jul 2010
I was wondering if there any legal cases my employer can make against me.

My MD is so crooked that, he will look for How to frame fake cases on the person....and use our Indian laws to frame and bribe all government officials and book the person. My MD is expert handling these type of issues and cheated many people. One senior most person was there, he filed source code theft case and put him in jail.. and spoiled his life keeping this news in local newz papers.

so my family my old parents are worried whether i will jump in to legal troubles.

I am happy that i have got out of that place. I was a milking cow for that company. It's not good talking about my previous company like these. But my experiences makes me to.


some body please advice...

rohith.makam - Member Since: Oct 2008
I dono if this works, but I think is it worth giving a try.

Since you have already joined an organisation, now you file a case against your old employer for not relieving you from your services despite of repeated remainders. In addition to that you can also file a case for harassment. If you want you can also mention that you ware threatened that he would spoil you career by filing a lawsuit against you for property theft. You can file a case in consumer court or even in civil court. Please protect all the evidences like mails, a photo copy of the posted resignation letter (acknowledgment of the postal / courier copy) and any such evidences which proves him guilt. This would not allow him to file a case against you.

In case if you still feel insured apply for an anticipatory bail and then you can appoint one good lawyer to fight your case.

Regards
Rohith



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