SERVICE LETTER IS NOT BEING GIVEN
1 year ago
joined on 3rd Feb 2021 and left on 7th Sep 2021 due to medical reason through official portal. After requesting so many times company picked up the system from home. then after few day HR sent mail asking why not reporting to office? I replied that I resigned. after that no mail from their end asking for FnF settlement or any other process, I sent several mails asking for notice period buy out, They never replied. now my current employer is asking for service letter from them and it is do or die situation. so I sent again several mails stating I will take legal action. on HR called me and laughed at me. then another day another HR called me and asked for my medical unfit certificate for that time and whatever mail I sent and received previously, I sent those all. let me tell once again that They never reply or acknowledge any mail they just call and order. lastly today that HR called and asked me to visit office on Friday 1pm. he also reminded me that they just want to hear it face to face, meeting will not be regarding release letter. What should I do? Please suggest me.
You can file a police complaint in writing and it would be better if you take advice and help for framing a formal written complaint so that your complaint gets a formal weight, also Complaint before the labour court.
Hope it helps.
You can file a police complaint in writing and it would be better if you take advice and help for framing a formal written complaint so that your complaint gets a formal weight, also Complaint before the labour court.
Hope it helps.
You may get issue a legal notice and approach the following section.
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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
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
You need to take legal action against the company and it's management by filing police Complaint and also before the labour court.
This will require an Advocate service.
Subhashis Paul
Responded 1 year ago
A.You should approach an advocate and send a legal notice to the concerned company. Then if the concerned company fails to comply with the said legal letter then you may sue that company with the help of that advocate.
Every company has their set of rules. In that case, you should have given them a fair chance before you left. If you have such serious medical reasons, you must forward the same. Nothing can be done if a person is medically unfit or had such circumstances.
It is advisable to settle the matter amicably once.
If you find that you have abided by each and every rules and still the company is taking unfair decisions, you can always send a legal notice to them
Thanks and Regards
Simi Paul
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