Riteshmaity
Labour Law Advocate
[email protected]
Finance (ex. Employee)

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Respected sir/madam

My name is Nishant S H. I was working with one of the trading company in Pune (I am skipping the name of company because I feel it will be unethical). From June 2008 to January 2017.

Following are the problems that I am facing because of company and looking for help from ‘citehr’

• Even after I have resigned from company and completed my notice period, I have not received my relieving letter and experience letter. I sent an email to HR about the same after one week from my last working day (After my notice period was over the HR said that though my notice period is over but the company is not ready with the format of relieving and experience letter and HR needs approval from management, it will be delayed by one week. Due to this reason I have not submitted my identity card).

• I have not received salary slips from previous 8 months (approximately). I did demand for it but my request went unnoticed (HR says it’s a finance department responsibility and finance department says I should have told them earlier, now they cannot give me previous month’s salary slips).

Now let me explain the nature of work that I was doing in company and the policy that company has which is unhealthy for the employee’s carrier.

I (as an employee) was doing intraday trading on stock exchange of a foreign company. The company opened an account on the exchange & the generated profit was shared between company and employees. But if the losses happens (as it’s a part of work), then employee as to cover the losses. If losses exceeds or employee wants to quit working with the company, the company will issue a termination letter and “Termination” will be mentioned on experience letter as well. This is what has happened before with the previous employees.

As my experience was of almost 9years, I cannot accept termination letter and hence I resigned from the company (via email). Now the most important thing that I must mention is company is working on a relieving letter which will be equivalent to termination letter (as they are taking so much of time on working on the format, previous history, and delayed exit formalities).

Following are the events which has happened before that might be important to mention

• 6-8 months before they issued a performance improvement warning letter, where I was suppose to cover certain amount of loss (20%) in a week time else company has the right to terminate me (the company issued a letter and did sign as received on the photocopy). I was not able to cover the required amount of losses and company also did not take any action as I continued working.

• Company reduced my salary (as I asked I can’t continue on this salary, management said continue or accept termination letter).

• In the month of November, I took a leave of almost 3 weeks, I received abscond email from HR, later I explained the reason for long leave, and continued with the company.

• I have not submitted my identity card, I have not completed my company exit formalities (as i was not receiving relieving and experience letters, I should not submit the identity card and the exit formalities can be done when I receive the letters).

Now my question is, does the labour law of (IPC) India provide any rights to an employee against such behaviour from management. Can I take any action? (So that the current employees should not face such problems in future).

From India, Pune
First labour law is a generic term. Under labour laws, there a many Acts dealing specifically with different kinds of problems related to employment and allied issues. However, "labour laws" do not have any relation with IPC.

Since you have tendered resignation (and you are not terminated) you do not have scope to challenge in this regard. Court will considered that you have resigned voluntarily unless you are able to prove that you were forced to terminate.

Assuming that you have accepted your resignation/ termination and wants to move on. Now you have to see whether proper full and final settlement was done and all statutory payments have been made or not. Since you have worked for 9 years you will be entitled to gratuity. Have you got it? If not, then you have the option to demand such dues.

Harassment, unless criminal in nature, won't be covered under labour laws.

Since your issue is complicated to some extend, it is advisable to consult a lawyer with all documents like your appointment letter, resignation, salary slip, any other letter etc.

From India, Kolkata
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