Malay.kumar1
Hr & Administrtion
Nirav Gandhi
Administration
Stalin007
Recruiter
+1 Other

#Anonymous

My previous employer is not ready to give me relieving letter and other documents.

I have been working in a company for around 2 years, I was tortured by my senior, I've escalated issue to management, but they did nothing. Finally, I resigned by giving some personal reason, I asked them to release me immediately with buyout option and they accepted it. Next week I got a new job offer, I accepted the job offer.

Now my previous employer got the new that I've joined another company and they are not ready to give my documents.

Previous companies HR says : "you gave personal reason and joined new company,you signed a contract to serve 2 months notice, if you want documents come back and serve complete notice period".

My contract says : "Either party can terminate the employment by giving an advance notice of 60 days to the other party or payment in lieu of notice".



I have resigned, completed all the clearance and exit formality.I've served 2 weeks notice and have paid for the rest of notice.On my last day they assured me that all the documents will be courier to my address.I want my documents.

Previous companies HR is not ready to talk on this issue, shall I write her an email?

If she didn't replied can I approach the senior HR in USA ?

Please suggest..
6th April 2013 From India, Chandra
Dear Snehal,
what kind of doc possessed by previous employer did not specified. as per human right act nobody are biding any other person or force to work with them. contract is abolished by govt of India. you go to the police station and complain against them regarding harassment and illegal possess doc.
6th April 2013 From India, Mumbai
Previous company is not ready to release my relieving letter, experience letter, final settlement/last payslip.
They accepted my resignation and I've paid the notice buyout amount.I've joined new company now, only document I have is my resignation email.
I've completed all exit formalities.Just because I've joined new company they are not giving my documents and threatening me if I do something legal against them they will create more problems for me.
Even if buyout they are asking me to come back and serve complete notice.Can they really do something to spoil my career?
6th April 2013 From India, Chandra
Dear Snehal,
dont worry and hesitate previous employer never go to take legal action against you.if your salary to be credit in bank then first salary credit to last credit in bank statement you can show new employer.
6th April 2013 From India, Mumbai
Dear Snehal,
you have resigned, completed all the clearance and exit formality. you've served 2 weeks notice and have paid for the rest of notice.
As per you " you have paid for 44 days salary? " did you pay in cash or by cheque? if you paid in cash, do you find receipt of payment? If you have found receipt in case of cash payment? It's good for yourself. Or you have paid by cheque, do you have the cheque no. that is given by you to your previous employer if yes? you talk to your HR Team and ask clearly to them, will they provide all relevant documents or not? If they will not provide these documents you can lodge complain against the organization.
With Regards
6th April 2013 From India, Ranchi
I have paid them by cheque + last salary. I have bank stement of the cheque transaction.
6th April 2013 From India, Chandra
i believe you have to obey your agreement. and it is clear that your employer is not sensible enough.
as some comments says you can reach police it simply means you have to reach them only in case of harrassment as in other case they are strong.
6th April 2013 From India, Hyderabad
Hi,
You can go and approch labor court. file your complient there and sure you will get right solution. The real fact is none employers like to spoil their company name and none want to face this kind of labour issues in labor court.Mostly laws are fovourable for employees also you have proof with your hand so definately you will get all documents.
8th April 2013 From India, Chennai
My previous employer is stick on the point that you gave wrong reason.Is reason that important? What is the procedure to raise labour complaint?
8th April 2013 From India, Chandra
Hi,
File the case in Labor court with the help of Advocate. Advocate will be file the complient behalf of you and he/she will speak in favour of you... Choce the advocate who handled before labour cases and labor laws.
8th April 2013 From India, Chennai
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