Not giving my experience letter, relieving certificate, holding my salary
5 months ago
I'm under a bond in an IT organization, the HR refused me to provide me experience certificate, last month salary, and suddenly terminated me.
because, i requested for a two days leave due to MBA exams, they wanted me to present anyhow. and they also wanted me to lie to the clients as (3.4 years experience candidate, recieved award from other clients, worked on many client projects). I'm new to the client and only 1.10 years experienced
A.Dear Client,
If an employee has an employment contract/bond, whether written or oral, express or implied, that contract may limit the employer's ability to terminate the employee. If an employment contract exists, you must treat the employee fairly and fire the employee only for "good cause." Regardless of what type of contract an employer has with the employee, that contract will obligate an employer to treat an employee fairly. This obligation is called the covenant of good faith and fair dealing. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee even during the bond period. In view of the above, in the absence of any good cause and statutory notice before termination and withholding of salary and relieving letter will be treated as illegal termination and unfair labour practice on the part of the employer. So, in the prevailing situation, if you are not a workman as defined under Sec.2(s) of the Act. then, serving a legal notice to your employer/company, file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company for illegal termination and unfair labour practices and for further guidance and steps in the matter.
If an employee has an employment contract/bond, whether written or oral, express or implied, that contract may limit the employer's ability to terminate the employee. If an employment contract exists, you must treat the employee fairly and fire the employee only for "good cause." Regardless of what type of contract an employer has with the employee, that contract will obligate an employer to treat an employee fairly. This obligation is called the covenant of good faith and fair dealing. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee even during the bond period. In view of the above, in the absence of any good cause and statutory notice before termination and withholding of salary and relieving letter will be treated as illegal termination and unfair labour practice on the part of the employer. So, in the prevailing situation, if you are not a workman as defined under Sec.2(s) of the Act. then, serving a legal notice to your employer/company, file a complaint against them for illegal termination before the concerned Labour Commissioner for redressal of your grievance failing which you can raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire dues payable as compensation toward illegal termination. Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance. Reach out to an Advocate for serving legal notice to the Company for illegal termination and unfair labour practices and for further guidance and steps in the matter.
Helpful
Helpful
Share
A.Dear Client
Carefully go through the terms and conditions mentioned in the bond agreement. Understand the clauses related to termination, experience certificates, and salary payments. This will help you understand your legal standing and rights. Try to communicate with the HR department in writing, clearly stating your grievances and the issues you are facing
Carefully go through the terms and conditions mentioned in the bond agreement. Understand the clauses related to termination, experience certificates, and salary payments. This will help you understand your legal standing and rights. Try to communicate with the HR department in writing, clearly stating your grievances and the issues you are facing
Helpful
Helpful
Share
Read Related Answers
Pf exit date
Dear Client,
Since you have absconded from a workplace ie left the work without a proper notice you have breached the employer - employee contract and the employer has all right to withhold your righ...
Employer is charging for short notice fall
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
company bond breakage
Dear Sir,
If you are not in need of experience certificate and relieving letter then you need not bother about their claim and bond otherwise you have to oblige to serve three years bond period.
need help on following terms to be understand
Dear Client,
From the contents of the letter issued by the company accepting your resignation, it appears that the same is correctly written and there is nothing contradictory to the interest of an em...
recovery after one year
Dear Sir,
It goes on the formula “nobody can enrich at the cost of another”. Thus, if you are really got more amount then you have to refund the same but you need not refund the same until they approa...
Read Blogs on IT Contracts
Find Lawyers by Location
