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My company is not relieving me. My company is not relieving me.

2 years ago

I joined an MNC company almost 15 months back in March,2020. For most part of the first year, I was kept waiting for the training to begin. I was getting my salary although there wasn't any work for me and none of this is my fault. Every 2 weeks, I was told that the training would begin but it never did. I was always responsive to emails, calls or text from my managers in this entire period.
After my training finished in March,2021(exactly by 1 year) and I was into production for 3 months, I realized the job wasn't for me. They were making us work extra hours and the pay seemed very less and it was taking a toll on my mental health as well. I decided to pursue my higher studies and put my resignation in the first week of June. It was accepted by my manager and they asked me to serve a legal notice period of 2 months.
Meanwhile, I was trying to get my notice period reduced by using my annual leaves that I have accumulated over the time against my notice period. To which I was refused and got mocked that I was on paid leave for an entire year. Which was completely not my fault. In Fact I was given the wrong expectation and was made to wait throughout. I was told that my notice period would increase for how many days I take a leave.

Towards the end of June, unfortunately I had a fall and broke my ankle bone and it got completely dislocated. I had to go through a surgery and I was advised by the doctor that I wouldn't be able to walk for 2-3 months.
I have submitted all the documents such as discharge summary, X-rays, pictures stating why I cannot work even though it's work from home. I got a call from my manager after 2 weeks from the incident, stating that I have to be on unpaid leave for these 2-3 months and then come back to the office and work for the days that I have missed in my notice period which is another 40 days. My last working day as per my notice period is July 30. The manager is expecting me to wait for 2 more months and work for another 6 weeks which is not at all feasible for me. I have tried explaining my situation but he doesn't seem to listen. It feels like they are holding a grudge for getting paid the entire year(which is completely not my fault) and I had worked for only a quarter for the company. The HR doesn't even respond to either emails or calls or messages and they are purposely making the relieving process hard for people. I had noticed this happen for other individuals leaving the company. Seriously, what kind of company acts so rash when their employee is hurt.
Is there any way I can take this up legally? I really need help in this regard.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Get issue a strong legal notice and settle your claim. Threaten to approach Civil Court then the employer may come down and settle your claims. The corporates always afraid of Court litigations.

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Abhimanyu Shandilya

Responded 2 years ago

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A.You can send them a legal notice asking them to relieve you as per the employment offer letter and term and conditions or else you will be forced to file a case against them for breach of terms of contract and seek compensation from them.
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Anik

Responded 2 years ago

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A.Hi,
If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. Or you can visit the website of the ministry of corporate affairs and file a complaint under the employee grievances column.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
In case of a violation of your contract, you can file a case in a civil court. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. Consult a lawyer to see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.
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