Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
NavneetSarin
Tax & Labor Law Advocate
Svsrana
Hr Head With Pmi
Ritika.mitra
Hr Executive (generalist)
Rahul.bha2010
Heading Hr Department
Adityaaristos
Business Development Executive
+4 Others

Thread Started by #Ritika.mitra

Dear Seniors,

I need some sound legal advice to tackle this situation.

I was working in a company in another city, as an HR. I had joined as a Fresher and worked for 1.6 years. Initially I was appreciated, even promoted to Sr. Executive but over time I was unhappy with the work culture and way of handling employees. there was a system of bond for everyone, and management had a practice of terminating employees without any proper steps in place. Initially I being a fresher could not intervene, and later too the decision was never from my end.

even I was facing problem as the work hours were getting extended and had other issues. I tried at first to speak to the management about resigning, but they counselled me to stay back.

after a couple of months I again tried to resign but was asked to not put down my papers, I told them I was relocating to another city but they were not responding. all this was done verbally. Meanwhile they were putting a lot of pressure on me I WAS REQUIRED TO STAY BACK TILL 9 -9:30 PM AT NIGHT ALONE IN OFFICE TO COMPLETE TASKS.And it seemed they were suddenly rechecking every single thing and finding fault with everything I was doing, in fact were documenting through mails as if preparing a case to get me terminated as well.

Finally I decided not to wait any longer and put down my papers telling them that I am willing to complete my handover and serve my notice period of 2 months as mentioned in appointment letter. they responded via mail that I would be required to serve almost more than 3 months notice as well as recruit another HR and complete my work.

I agreed to this verbally. But then the harassment started, they would sent me mails of a warning nature almost every single day, HR's that I was interviewing were all rejected, and nothing was going right.

Finally on February 4th I received another mail telling me incompetent, unprofessional and what not. at that point my two months notice period had been completed. I just decided not to report to office anymore.

so I sent them a mail to that effect that it was getting difficult for me to continue. At that point almost all my handover was done, i requested them to tell me when to come down to submit my Id card, and complete any formalities. they did not respond. I called my manager and mailed them telling them that I was supposed to leave at the end of February for Mumbai, but still they did not respond.

Finally I courier the items lying with me and mailed them to release me and provide my salary, form 16 and PF clearance. but they did not respond. After which I have emailed them several times to provide me the same. But they are not responding.

Now what is the next step from my end?? Am i correct in asking my release?? How can I get my PF and form 16. what are the formalities if they are not cooperating??

Please suggest.
23rd May 2012 From India, Mumbai
Can anyone please provide any suggestions/advice how to deal with this situation?? It would be a huge help Regards.
23rd May 2012 From India, Mumbai
Dear, the problem here is , you should have left the moment you decided to leave. Management was not serious about you because you pretend to leave but not left actually. And you did not mention why you decided to stay back. This is another wrong sign. Or your immediate superior may wanted you to leave because he / she would have thought you do not have a steady mind. Late sitting is not coming smart work.
Things go havoc when you fail to gain the confidence of the management. At least you must have acted till you get another offer (oops, sorry folks).
25th May 2012 From India, Hyderabad
actually what you have done seems normal..
hard part is you worked hard for 1.5 years and they wont give a good reference ...
send them a notice by registered post..
subjecting a woman to work late hours is wrong/ illegal tooo..
next one hand u hv bn promoted, on another u r incompetent.. if the work content has remained same it cant be true unless there is willful decrease in productivity on ur part..
form 16 is required for income tax return, if they fail to provide a document means they are engaging in subversive activities ie undermining the govt...
think deeply about each and every point and then frame a letter..
send by registered post...
26th May 2012 From India, Delhi
bond are illegal in principle ...
but i dont know the contents of the paper you have signed on..
even reputed banks get signatures on blank pages/ leave blank spaces/ winding jargon/ extra set of keys etc..
26th May 2012 From India, Delhi
Dear Svsrana,
Thank you for taking the time out to go through my post and reply...You have certainly raised my confidence. The harassment that I had to endure while working there and till date have to endure; made me feel maybe I was in the wrong somehow
I had already completed the bond, when I had resigned, so no legal hassles there.( It was a one sided indemnity bond.)
So what do i need to send by registered post?? should it be just asking an explanation on why they are not providing my form 16 as well as release. because I have sent them numerous mails on the same but have received no reply??
what about my PF? how do i go about that? I have already joined another organization, so how can I close my PF account, what do i require from my ex-company's end for that;as in my present company there is no PF facility.
Regards,
28th May 2012 From India, Mumbai
Dear Levu,
As I already mentioned that every time I tried to leave, they would ask me not to resign, tell me it wouldn't be accepted, counsel me for the same and since in that company there was a system of termination without any just cause, I wanted to avoid any hassles since my career would get affected but finally I spoke to some HR seniors, then mustered my courage and resigned.
Working late was not my call, but made compulsory for me by the management even if there was no work as such. Believe me I do understand that if during 8-9 hours one cannot complete their work, then that's incompetence.
Hope now the picture is a bit more clear for you.
Regards
28th May 2012 From India, Mumbai
My observations
1. Though you have submitted all the belongings you have (ID or access) and since you have not completed your exit formalities - they might consider you as absconding to work.
2. the company may not support any employment verifications in future
3. PF - No organization can freeze your PF amount, as per act they are supposed to process provided you approach and sign the required documents
4. Form16 - the same as PF, how ever pleas check 26AS on your online bank account. This will give you a clarity on your Tax Credit Statement. further you can finalize your Tax returns basing on the same.
Let me know if you have any questions
Srini Mummadi
18th December 2012 From India, Hyderabad
Dear Mummadi,
The organization has even after 8 months failed to process my PF from their end, though they are assuring me that it is getting delayed due to several reasons. Harassment if you ask me.
Release letter, I have given up on, since am sure they wont provide me the same. I have the resignation acceptance letter from their end , that's it.
My only grievance is that after working so hard, getting appreciated & promoted, the minute you want to leave the organization, such harassment begins. and now its my career which is suffering as without release, other companies get apprehensive about the candidate.
Nevertheless, thank you for your help.
Regards.
19th December 2012 From India, Mumbai
Ritika Regarding your PF, you may get in touch with the commissioner of PF and escalate the same
19th December 2012 From India, Hyderabad
Dear Ritika,
First of all i am pretty shocked to hear such kind of unprofessionalism from an company. According to law one cannot force you to stay more than your notice period. But if you had agreed upon staying more than your notice period (Verbally), you should had completed your extended period. I personally feel, when you had completed your notice period of two months and you had to relocate, you should had gone personally to the office and completed formalities (You can be treated as abscond)
I still suggest you to give a personal visit to your EX Employer and do the necessary leaving formalities. If needed take help of some Senior person to accompany you to the office.
Regards,
Gurpreet Aidhen
28th December 2012 From India, Anjar
HI Ritika,
After going through your post i would like to suggest you regarding your PF concern.
No one can stop you to get your PF , if employer is not signing on your PF form , you can submit a letter stating that they are not signing to your PF form and you can take signature of Gazated Officer and can submit to PF office.
28th December 2012 From India, Delhi
Dear Ms Ritika,

I hope yr problems have been sorted out till now but if there is same situation and nothing has happened in that case you have to decide do you want to teach that company or people a good lesson and take the revenge for the harassment faced by you while working with that company. The other important point is may be by this time you have got a good job and settled in a new job. But if you still wish to level the score just draft a letter pinpointing all the harrassments meted to you while in this company. Please understand Forcing any employee to work beyond normal hours is an offence under labor Law. Forcing an female employee beyond normal hrs is an crime punishable under Criminal law. Non deposit of timely PF with Govt is an Criminal offence punishable with imprisonment & Fine. You don't have to worry about form 16 as if any tax was deducted and deposited it must be shown in IT Dept record and just check it at 26AS or if it;s deducted but not deposited it better just write to IT department and attach the salary slips if you have any and lastly just write a letter to women commission mentioning all the harassment s and problems you have faced from that company management and see the result all those responsible will be at your feet with all your dues and letters. So be brave and understand for your future career. Be a good human being, a very good worker, honest and responsible but never yield to undue pressure and Ritika by this way everyone will respect you as a Good worker and also Good human being.

With Best wishes.

Navneet Sarin

Advocate.
31st December 2012 From India, Delhi
Hi All, I am also facing similar situation , I worked in a organisation around 4 yrs ,I put down my paper and wanted early release ,My line manager approved the same date which I wanted be released but HR started forcing me to serve entire 3 months of notice period even if I was ready pay shortfall of notice recovery.finally I left post 10 days of date which my manger approved as I waited for some more time to get revert from HR . I served 40 days in the organisation .In my offer letter its clearly mentioned that any emp has to serve 3 months notice period or to pay salary in lieu of shortfall.I have submitted my all belongings as ID card,phone ,library no dues ,system surrendered etc . My question to you is Can any organisation hold relieving letter in this situation and what legal action can be taken if its illegal.
many thanks in advance
regards
Ajay Singh
12th January 2013 From India, Mumbai
Dear Ritika,

I am not sure whether your issues are resolved or still on. However, as a senior HR professional, who has handled such issues for the last 23 years, I have following observations and suggestions may be useful for future references as well:

Remember job is a contract of employment between employer and employee. Both have equal right to continue with the contract and either party may terminate the same by giving mutually agreed notice period or salary in liu thereof. No employer has any legal right to forcefully extend the period of employment once employee has tendered the resignation and on expiry of notice period you are not obliged to continue even for one day against your wish. The so called employment bonds have been declared illegal by the Apex court in several pronouncements the premises that employees are not the Bonded labour.

Regarding your Form !6 under IT Act you need to file a complaint with the concerned IT office. They would certainly help you and get you the certificate.

Under EPF and MP Act,1952, in exceptional cases where employer declines to certify and forward form 13 for transfer of fund to RPFC, you may directly approach, the concerned authority, file an application, they would issue a notice to the employer and recover the money under section-7 of the Act and credit in your account.

Regards

Devbrat Jha

Associate Vice President (HR) DFPCL
14th January 2013 From India, Pune
Thanks for your advice , would like to know if somebody wants to get early release and you have you line manager's approval and ready to pay shortfall of notice recovery but HR is not agree .In such conditions if emp leaves job without getting relieving letter .can relieving be recovered through legal actions?
thanks in advance ,request your input, request you to pls refer my earlier post for further details
regards
Ajay Singh

19th January 2013 From India, Mumbai
Hey Team,

Thank you all for your inputs on my case.

Its been almost a year since that incident. The update from my end is:

1. Did not get the release letter in spite of repeated follow up via mails and calls.

2. Finally they are claiming that they are processing my PF, have taken the relevant documents from my end though till date I haven't been able to track it. So am going to wait for another month then process it from my end.

3. I have joined a start up in Mumbai and am working here for the last 10 months as HR Executive and am handling generalist and OD activities since policy development is a big part of my KRAs. Even though initially I faced a lot of issues in seeking employment since I could not give any release letter but finally got offers from a couple of organizations, out of which I chose my current one in spite of very weak employee strength just because of the learning opportunities.

So I am trying to move on with life, though yes it does play a significant role cause even now when I apply somewhere my previous organization's documents are asked, so this incident will always stain my resume.

Regards.
2nd February 2013 From India, Mumbai
hi RITIKA IF U HAVE TAKE LAST MONTH SALARY ALONG WITH YOUR PAY SLIP IS MORE THAN ENOUGH FOR AN EXPERIENXCE CERTIFICATE IF U DECIDE TO LEAVE IMMEDIATELY FROM JOB.
6th February 2013 From India, Vijayawada
Hiiiiiiiiiii
Almost same story like me, once this happened to me also.. small companies and people are working over there are not good. Where I worked no one releave with proper formality everyone left the company like absconded one.
I want to ask you when you were sending them mail through official mail. you are marking cc to your personal mail Id also.
Actually If you have proof for the same you can take a help of court or you can go legally. Other wise I know there is no way at all. very worst company.
All the best and move ahead with positive professional attitude and before joining any company just do inquire about that company.
19th February 2013 From India, Pune
Dear Gurpreet,
This is the era of buttering, Sorry but I am shocked to see you are shocked by hearing this thing of harassment of employees in corporate world.
I also worked for the companies by giving the efforts which resulted benefits to the company by sitting/working upto 1:30 (approximately 19 months) or sometimes 2-3 consecutive complete nights.
There is a more worth who is efficient in buttering, and most of the seniors I observed they are BUSY WITHOUT WORK.
Thanks,

20th February 2013 From India, New delhi
Dear,
Go to labour department with all the printouts of the mails you had sent and you have received regarding this.
Put a case of harrashment.
Labour dept. will issue legal notice to them. then take case to Arbitration.
this kind of company needs to be punnished.
22nd February 2013 From India, Mumbai
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