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
+3 Others

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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.
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Can anyone please provide any suggestions/advice how to deal with this situation?? It would be a huge help Regards.
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).
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...
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..
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,
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
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
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.
Ritika Regarding your PF, you may get in touch with the commissioner of PF and escalate the same
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