Issues Faced After Resignation
My name is Nishant S H. I was working with a trading company in Pune from June 2008 to January 2017. I am omitting the company's name as I feel it would be unethical to disclose it.
Following are the problems I am facing because of the company, and I am looking for help from 'citehr':
• Even after resigning from the company and completing my notice period, I have not received my relieving letter and experience letter. I sent an email to HR about this one week after my last working day. After my notice period was over, HR mentioned that although my notice period had ended, the company was not ready with the format of the relieving and experience letter, and HR needed approval from management. It would be delayed by one week. Due to this reason, I have not submitted my identity card.
• I have not received salary slips for the past eight months (approximately). I requested them, but my request went unnoticed. HR says it's the finance department's responsibility, and the finance department says I should have informed them earlier; now they cannot provide me with previous months' salary slips.
Nature of Work and Company Policies
I was involved in intraday trading on the stock exchange for a foreign company. The company opened an account on the exchange, and the generated profit was shared between the company and employees. However, if losses occurred (as part of the work), the employee had to cover the losses. If the losses exceeded a certain amount or if an employee wanted to quit, the company would issue a termination letter, and "Termination" would be mentioned on the experience letter as well. This has happened before with previous employees.
As my experience was almost nine years, I could not accept a termination letter, and hence I resigned from the company via email. The most important thing to mention is that the company is working on a relieving letter, which will be equivalent to a termination letter, as they are taking so much time working on the format, previous history, and delayed exit formalities.
Significant Events Before Resignation
• Six to eight months ago, they issued a performance improvement warning letter, where I was supposed to cover a certain amount of loss (20%) in a week's time, or else the company had the right to terminate me. The company issued a letter and signed it as received on the photocopy. I was not able to cover the required amount of losses, and the company did not take any action, as I continued working.
• The company reduced my salary. When I said I couldn't continue on this salary, management said to continue or accept a termination letter.
• In November, I took a leave of almost three weeks. I received an abscond email from HR, but later I explained the reason for the long leave and continued with the company.
• I have not submitted my identity card and have not completed my company exit formalities. As I was not receiving relieving and experience letters, I decided not to submit the identity card, and the exit formalities can be done when I receive the letters.
Seeking Legal Advice
Now my question is, does the labor law of India (IPC) provide any rights to an employee against such behavior from management? Can I take any action so that current employees do not face such problems in the future?
Regards, Nishant S H
From India, Pune
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My name is Nishant S H. I was working with a trading company in Pune from June 2008 to January 2017. I am omitting the company's name as I feel it would be unethical to disclose it.
Following are the problems I am facing because of the company, and I am looking for help from 'citehr':
• Even after resigning from the company and completing my notice period, I have not received my relieving letter and experience letter. I sent an email to HR about this one week after my last working day. After my notice period was over, HR mentioned that although my notice period had ended, the company was not ready with the format of the relieving and experience letter, and HR needed approval from management. It would be delayed by one week. Due to this reason, I have not submitted my identity card.
• I have not received salary slips for the past eight months (approximately). I requested them, but my request went unnoticed. HR says it's the finance department's responsibility, and the finance department says I should have informed them earlier; now they cannot provide me with previous months' salary slips.
Nature of Work and Company Policies
I was involved in intraday trading on the stock exchange for a foreign company. The company opened an account on the exchange, and the generated profit was shared between the company and employees. However, if losses occurred (as part of the work), the employee had to cover the losses. If the losses exceeded a certain amount or if an employee wanted to quit, the company would issue a termination letter, and "Termination" would be mentioned on the experience letter as well. This has happened before with previous employees.
As my experience was almost nine years, I could not accept a termination letter, and hence I resigned from the company via email. The most important thing to mention is that the company is working on a relieving letter, which will be equivalent to a termination letter, as they are taking so much time working on the format, previous history, and delayed exit formalities.
Significant Events Before Resignation
• Six to eight months ago, they issued a performance improvement warning letter, where I was supposed to cover a certain amount of loss (20%) in a week's time, or else the company had the right to terminate me. The company issued a letter and signed it as received on the photocopy. I was not able to cover the required amount of losses, and the company did not take any action, as I continued working.
• The company reduced my salary. When I said I couldn't continue on this salary, management said to continue or accept a termination letter.
• In November, I took a leave of almost three weeks. I received an abscond email from HR, but later I explained the reason for the long leave and continued with the company.
• I have not submitted my identity card and have not completed my company exit formalities. As I was not receiving relieving and experience letters, I decided not to submit the identity card, and the exit formalities can be done when I receive the letters.
Seeking Legal Advice
Now my question is, does the labor law of India (IPC) provide any rights to an employee against such behavior from management? Can I take any action so that current employees do not face such problems in the future?
Regards, Nishant S H
From India, Pune
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Understanding Labor Laws and Resignation Issues
First, "labor law" is a generic term. Under labor laws, there are many acts dealing specifically with different kinds of problems related to employment and allied issues. However, "labor laws" do not have any relation with the IPC.
Since you have tendered your resignation (and you are not terminated), you do not have the scope to challenge this regard. The court will consider that you have resigned voluntarily unless you can prove that you were forced to terminate.
Assuming that you have accepted your resignation/termination and want to move on, you now have to see whether a 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 received it? If not, then you have the option to demand such dues.
Harassment, unless criminal in nature, won't be covered under labor laws.
Since your issue is complicated to some extent, it is advisable to consult a lawyer with all documents like your appointment letter, resignation, salary slip, and any other letter, etc.
Regards
From India, Kolkata
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247First, "labor law" is a generic term. Under labor laws, there are many acts dealing specifically with different kinds of problems related to employment and allied issues. However, "labor laws" do not have any relation with the IPC.
Since you have tendered your resignation (and you are not terminated), you do not have the scope to challenge this regard. The court will consider that you have resigned voluntarily unless you can prove that you were forced to terminate.
Assuming that you have accepted your resignation/termination and want to move on, you now have to see whether a 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 received it? If not, then you have the option to demand such dues.
Harassment, unless criminal in nature, won't be covered under labor laws.
Since your issue is complicated to some extent, it is advisable to consult a lawyer with all documents like your appointment letter, resignation, salary slip, and any other letter, etc.
Regards
From India, Kolkata
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