Sovik Bhattachaerjee
Md- S.s Enterprise
[email protected]
Consultant In Legal Matters
Business Men
+1 Other

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Dear All,
i was working in a pvt. ltd. company, there was some rules which was very difficult to obey. and due to harassment, i have to leave the leave the job without notice
now company is not doing my clearance and 10 months has been passed but they are saying wait for some time
also know that i have submitted one original certificate of my study because company was demanded for that by saying it will be return when you will leave the job, there was some rules also which was very bad like 10:30 hours duty and some more also.
now 10 months has been passed but they are not giving any response to me
please let me know how to do on line complaint against the employer. because its doing harassment of many employees.

From India, Delhi
After expiry of one month's notice period, which is generally provided under Shops and establishment Act, you are deemed to have been relieved. Send a legal notice to employer to give you relieving certificate and return your original certificate failing which you will prosecute him under section 406 IPC.

From India, New Delhi
You can visit Labour office along with accepted resignation copy from employer & give them written complaint against such employer.
From India, Nagpur

1.In my view, sec 406, 35 of IPC can be charged. But before taking legal action think 3times. Best is You send a letter via speed post at registered office of the company, describing your grievance & problem(S). Provide a TAT of 10days, for company to reply & clearly state that if they don't co-operate with you, then you wont have any option left apart from taking legal action.

Copied the letter to concern state labour commission.

2. If still they don't reply, go for advocate's letter , consult with your advocate, you may require to file a complain in police station against the company for forcefully & arbitrarily holding your certificates.

3. Take legal action, after consulting with your lawyer.

Points to be kept in mind:

1. Legal action will take a lot of time.

2. It involve considerable amount of time, effort & money.

3. You must have evidence that your employer is holding your certificates. Strong evidence means documentary evidences, for this case.

4. If many people are suffering this nuisance, then try to go for collective action. One Litigation will solve many people's problem.

5. Sec 34, of IPC may be charged. (I used the words 'MAY'.)

DISCLAIMER: What ever legal action you want to take, take after consulting with competent lawyer. Please don't held me responsible for anything you would do. Its your discretion, we professionals don't suggest legal action against employer. Rather we believe in negotiation, patience & if required arbitration.

Many people are there who would suggest you to take legal action, but personally my best suggestion is slightly different.

My best suggestion would be, file a complain in local police station, stating that you lost your certificates & try to get duplicate certificates from institution which issued you certificates. Tell them you lost the certificates. Try to FIND A SOLUTION FROM IT. I WOULD SAY DONT GO FOR LITIGATION UNNECESSARILY & UNLESS ITS THE ONLY LAST OPTION LEFT.



From India, Mumbai
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