Is It Legal for My Company to Withhold Salary and Experience Letter After Forcing Resignation?

Hi, I have been working with a private IT company in Maharashtra for 1 year and 2 months. Being a smaller company, the job roles were not restricted to my KRAs. I performed various functions as part of the organization. During a sick leave of around 9 days, which I informed the management about, the company accessed my system without my knowledge. Upon my return to the office, they pointed out a few mistakes and made unreasonable allegations against me. When I refused to accept these accusations, they pressured me to resign and leave on the same day. Additionally, they withheld my salary for the previous month and are now refusing to provide me with my experience letter. I am currently not receiving my experience letter, my salary, or my PF. Please advise if there is any action I can take in this situation. Also, could you suggest whether this behavior by the company is in accordance with the law?

This depends on the gravity of your mistakes. But in any case, they cannot deny you PF. Refer to the website below for the process to enforce PF submission. Be sure to mention the nature of your mistake to receive a genuine response from members.

Approaching the Labor Officer

It appears that you are going through a challenging phase in your life. Regarding your query, you may approach the labor officer in the area where your company is located and discuss your situation with them. Bring proof of your employment, such as your appointment letter, a copy of your ID card, payslips, etc. Explain your problem to the Labor Officer (LO).

You mentioned that in your absence, the company accessed your system and discovered that you had breached security policies. In such cases, the company should conduct a domestic inquiry, and you should be given a chance to defend yourself. Your termination seems to go against the principles of natural justice. Approach the LO and seek their help. Explain to them in sequence what happened until you were terminated, but do not discuss the domestic inquiry, etc.

Most IT companies are hesitant to deal with Labor Officers. Upon receiving a call from the LO, they should hopefully become more cooperative. Instead of representing their case at the labor office, they might be prepared to negotiate with just a single telephone call from the Labor Office.

At this stage, aim to settle the matter by obtaining your legitimate dues and a relieving letter. Do not request reemployment, as this could give them the opportunity to retaliate against you. For a minor mistake, they could conduct an inquiry and terminate your employment. If they issue a relieving letter with negative remarks, the certificate will be rendered meaningless.

All the best!

Regards, Dinesh Divekar