Dear all,
I submitted my resignation to the company in August 2017 and requested to be relieved in September 2017. In my appointment letter, it clearly states that a notice period of 30 days is required, or the equivalent basic salary for 30 days must be paid. According to their policy, I fulfilled the 30-day notice period. However, during this notice period, there was no response to my resignation or to my follow-up emails. Consequently, I ceased attending the office from the 30th day onwards.
After several weeks, when I inquired about my relieving date and experience letter, they refused to provide these documents for the past four months without any explanation. Subsequently, I visited the police station, and when the Sub-Inspector contacted the HR department, they assured that the required documents would be provided the following day upon visiting the office. Later, the HR representative claimed that they were investing in my training and threatened legal action, though I never received any communication regarding training during my exit process. The HR is now alleging this as the reason for their delay, even though the training had been completed ten months prior, as per the offer letter. They have not conducted any training as stated.
I am unsure where the mistake lies in this situation. If I choose to involve the police, what are the potential outcomes, and what evidence should I present to demonstrate that they are manipulating my career?
Please advise on the steps I should take and avoid.
Thank you in advance.
From India, Hyderabad
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I submitted my resignation to the company in August 2017 and requested to be relieved in September 2017. In my appointment letter, it clearly states that a notice period of 30 days is required, or the equivalent basic salary for 30 days must be paid. According to their policy, I fulfilled the 30-day notice period. However, during this notice period, there was no response to my resignation or to my follow-up emails. Consequently, I ceased attending the office from the 30th day onwards.
After several weeks, when I inquired about my relieving date and experience letter, they refused to provide these documents for the past four months without any explanation. Subsequently, I visited the police station, and when the Sub-Inspector contacted the HR department, they assured that the required documents would be provided the following day upon visiting the office. Later, the HR representative claimed that they were investing in my training and threatened legal action, though I never received any communication regarding training during my exit process. The HR is now alleging this as the reason for their delay, even though the training had been completed ten months prior, as per the offer letter. They have not conducted any training as stated.
I am unsure where the mistake lies in this situation. If I choose to involve the police, what are the potential outcomes, and what evidence should I present to demonstrate that they are manipulating my career?
Please advise on the steps I should take and avoid.
Thank you in advance.
From India, Hyderabad
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Please check your probation period. After a successful probation, your confirmation of employment in writing must be issued by the company. You should also verify whether you have received any training from the company during your tenure. If your employment is not confirmed in writing, it indicates that you are still in the probation period. In this case, refer to the probation clause and the company's exit procedures.
As per the Supreme Court order, no one is permitted to harass any employee mentally or physically while in employment or after exiting employment. Obtaining an experience certificate and other clearances from the company is your right.
You can send a letter from a legal practitioner stating all the clauses mentioned above after due verification, so they understand the seriousness of the situation. Later, you can file a petition with the labor ministry along with a copy of the letter. The letter should be sent via Registered Post as it serves as legal proof of delivery.
From India
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2As per the Supreme Court order, no one is permitted to harass any employee mentally or physically while in employment or after exiting employment. Obtaining an experience certificate and other clearances from the company is your right.
You can send a letter from a legal practitioner stating all the clauses mentioned above after due verification, so they understand the seriousness of the situation. Later, you can file a petition with the labor ministry along with a copy of the letter. The letter should be sent via Registered Post as it serves as legal proof of delivery.
From India
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Notice Period Extension Letter Format.doc