All,
My situation is like this - I was given termination notice a year ago, and that was a month after I reported the unlawful conduct of the company to the authorities. Along with the termination notice, I was suspended from work. Termination decision was ok with me because such retaliation was expected of that employer even though retaliation is not allowed as per the company's code of ethics. I do not want to fight that case and I want to quit anyway. The company stopped paying me my salary also. But they are not issuing my termination letter/relieving letter and experience letter. I am not able to join another job as I am not yet relieved from my current employment. I am not able to establish by experience as I do not have my experience letter. A year has gone since suspension and yet no decision has been made with respect to termination. Most of the reminders that I sent were left unanswered and once I received a reply stating that the company needs time to decide on my termination. It is not possible for me to survive without salary and without a job anymore. What are my options in this situation? can anyone help me understand what is my employment status currently & what are my rights under such a circumstance?
From India, Pune
My situation is like this - I was given termination notice a year ago, and that was a month after I reported the unlawful conduct of the company to the authorities. Along with the termination notice, I was suspended from work. Termination decision was ok with me because such retaliation was expected of that employer even though retaliation is not allowed as per the company's code of ethics. I do not want to fight that case and I want to quit anyway. The company stopped paying me my salary also. But they are not issuing my termination letter/relieving letter and experience letter. I am not able to join another job as I am not yet relieved from my current employment. I am not able to establish by experience as I do not have my experience letter. A year has gone since suspension and yet no decision has been made with respect to termination. Most of the reminders that I sent were left unanswered and once I received a reply stating that the company needs time to decide on my termination. It is not possible for me to survive without salary and without a job anymore. What are my options in this situation? can anyone help me understand what is my employment status currently & what are my rights under such a circumstance?
From India, Pune
Could you please explain this “Unlawful conduct” to us?
How many of years experience you have and please show more
Is that you who commit this mistake or ... if you then you don’t deserve this experience letter but termination letter need to be issued to you. If you been caught with any lawful thing and terminated need to be issued a termination letter which is not only a formality but a necessary thing in this kind of cases. But one thing you tell me what will you do with Termination letter and what you want them to mention in your Experience letter which you required that you have earned a crime/unlawful activity in your tenure?
Also I would say that you must say thanks to them that no legal action has been taken against you otherwise you can assume the consequences you cud face even when you also accept your mistakes.
Hope you have realization of your past doings and promise yourself that you will never come with such things in future and the same is expected too.
From India, Gurgaon
663How many of years experience you have and please show more
Is that you who commit this mistake or ... if you then you don’t deserve this experience letter but termination letter need to be issued to you. If you been caught with any lawful thing and terminated need to be issued a termination letter which is not only a formality but a necessary thing in this kind of cases. But one thing you tell me what will you do with Termination letter and what you want them to mention in your Experience letter which you required that you have earned a crime/unlawful activity in your tenure?
Also I would say that you must say thanks to them that no legal action has been taken against you otherwise you can assume the consequences you cud face even when you also accept your mistakes.
Hope you have realization of your past doings and promise yourself that you will never come with such things in future and the same is expected too.
From India, Gurgaon
I guess, my orginal post does not convey correctly what I wanted to.
I was not the one caught with unlawful activity. I reported unlawful conduct of my employer to the authority after suffering consequences of their misconduct. I was given wrong visa to travel abroad and I was caught at the immigration of the foreign country and was deported. The company does this to all of its employees. Usually things do not go wrong - does not mean that the employer can take this chance regularly. I reported them as I do not want another employee suffer the humiliation that I went through for no mistake of mine. More importantly, the company does not have any intention to correct this strategy even after my unfortunate experience.
I lost my job because of that and I do not have regrets. Experience letter is of course required. If prospective employers call up the previous employer for reference, they can give wrong/bad references and in the absence of service letter, I won't be able to prove my 14 years of experience and the kind of job that I have been doing during this tenure. I am saying this from my experience as I have already lost 2 opportunities for the reason that I could not clear reference check. Termination letter is required because that serves as the relieving letter. My question was - if anyone could help me understand my legal rights (if at all a suspended employee has any) to demand my termination letter and if I am eligible for severance pay?
From India, Pune
I was not the one caught with unlawful activity. I reported unlawful conduct of my employer to the authority after suffering consequences of their misconduct. I was given wrong visa to travel abroad and I was caught at the immigration of the foreign country and was deported. The company does this to all of its employees. Usually things do not go wrong - does not mean that the employer can take this chance regularly. I reported them as I do not want another employee suffer the humiliation that I went through for no mistake of mine. More importantly, the company does not have any intention to correct this strategy even after my unfortunate experience.
I lost my job because of that and I do not have regrets. Experience letter is of course required. If prospective employers call up the previous employer for reference, they can give wrong/bad references and in the absence of service letter, I won't be able to prove my 14 years of experience and the kind of job that I have been doing during this tenure. I am saying this from my experience as I have already lost 2 opportunities for the reason that I could not clear reference check. Termination letter is required because that serves as the relieving letter. My question was - if anyone could help me understand my legal rights (if at all a suspended employee has any) to demand my termination letter and if I am eligible for severance pay?
From India, Pune
Oh sincerely apologies for that. ..even your courage that you have raise your voice against the wrong things done by is appreciable.
You seems to be a very senior person and have good experience (14 years-you said above). Well the very first thing is that you can take the help of your local Labor Inspector /Commissioner. You just need tell them the complete story and rest they will take care of that and will take action accordingly.
From India, Gurgaon
You seems to be a very senior person and have good experience (14 years-you said above). Well the very first thing is that you can take the help of your local Labor Inspector /Commissioner. You just need tell them the complete story and rest they will take care of that and will take action accordingly.
From India, Gurgaon
Thanks much.
I have seriously thought of talking to labor commission but as per the inputs that I have got, resolution via labor commission is a very lengthy process. Since I do not have salary now and not able to join another job, I hesitate to go thro any process that is long. But if there is no quick solution, I think, I would start the process right away.
From India, Pune
I have seriously thought of talking to labor commission but as per the inputs that I have got, resolution via labor commission is a very lengthy process. Since I do not have salary now and not able to join another job, I hesitate to go thro any process that is long. But if there is no quick solution, I think, I would start the process right away.
From India, Pune
Well it seems you have provided wrong information about Labour Inspector/Commissioner but yes it is acceptable that they have their own procedure to handle this kind of case bcz they cant take quick action without having any valid and strong proof of something wrong done to employee by employer.
Also you need to send a complain cum request letter to your employer along with CC to Labour Inspector/Commissioner by registered post.
Second, you said that you tried hard to get in touch with them by email, have you ever tried to meet them personally after the day you left your company? if no then you can make a visit to them and request to get your clearance.
And if you have ever tried to tell your recruiters/employer while your interview about this case, then please do not repeat the same.
From India, Gurgaon
Also you need to send a complain cum request letter to your employer along with CC to Labour Inspector/Commissioner by registered post.
Second, you said that you tried hard to get in touch with them by email, have you ever tried to meet them personally after the day you left your company? if no then you can make a visit to them and request to get your clearance.
And if you have ever tried to tell your recruiters/employer while your interview about this case, then please do not repeat the same.
From India, Gurgaon
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