problems regarding joining and release letter
4 years ago
Currently I am working in a medical device manufacturing company as an embedded software engineer from 2018 December. Some of my team members(senior+fresher) including me(fresher) got sacked in a very short period of time from my previous company. It happened so I had a very close and trust-able contact at that time and we still have and so he refereed me to my present company. I joined that company with some verbal negotiations and I settled down in that company, with no joining letter or offer letter and only having a employment letter just mentioning my DOJ and my designation. Everything went all good with some minor problems like salary hike and leaves ( now I realise it had to, because of my extreme stupidity and over trusting as not getting anything discussed in written form), until a week back when I asked for my offer letter and experience letter as I got another company to move. Things got ugly pretty quickly. Now he is purposely delaying my offer letter ( it is very much required as proof for my new company as my offer letter from new company is depending on it) and saying me to accept some illegal terms so after that only he can give me this company related documents(joining/experience). To be more precise he asking me to be available in future when the device is in production phase, to consult if any software problem comes, to add or modify some new features, overall to take responsibility of the device as a freelancer in future, as from his side company has spent a lot of money and it is not possible for knowledge transfer in this time( I had also asked I can serve 1 month notice period if he wants for teaching a new guy but he lied to me,as he just want to just sale it after I done fixing(in future) it and he just doesnt want anyone to hire for it), still I know for sure it is still in R&D phase and have some h/w problems and it will take a minimum of 4-5 months to fix it. And I dont want to take any responsibility in future after I leave this company, I can fix anything in the notice period but not in future, than he not providing me the documents, He just wants me in this company till the device is fully functional.
Yes I have lied to my new company that I have 1 month notice without having current company joining letter because I assumed it so, I have seen other employees serving for 15 days in notice period in this company. And I knew him as good man and even I want to self-volunteer for 1 month notice period, so I thought I would easily get the joining letter( again so stupid of myself) and I can easily provide that to new company.
I want to leave this environment and company as quickly as possible(including 1 month notice peroid) , without any future contracts from this company, I am not getting what to do to get my joining letter is anything legal I can approach or some steps required?
** I have bank account statement
** I have pay-slips
NITHYANANDAN SUNDARESAN
Responded 3 years ago
1. I understand your issues, collect all material evidence with you from date of joining till now letters, salary slips, promotion offers etc.,
2. Consult a Labour Expert Lawyer in your surrounding.
3. Try to avoid lies to other company because it spoils your image as well as other company images as well.
4. Try to make a legal notices, or other kind of letters through advocates.
Consulta a Labour Lawyers in this regard. Your issues might be resolved through the Legal Notices stage itself.